SEMESTER Vll
ASSIGNMENT – Civil Procedure Code
SUBMITTED TO: Mr. Adv Chaitanya Marne
SUBMITTED BY: A- 58
Raghav Agarwal
BBA LLB (4 Year)
IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, PUNE
Suit No. ______ of 2023
ABC
Plaintiff
Versus
XYZ
Defendant
PLAINT UNDER SECTION 31 OF THE SPECIFIC RELIEF ACT, 1963 FOR
CANCELLATION OF SALE DEED
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff, ABC, is the absolute owner and in peaceful possession of all that piece
and parcel of land bearing City Survey No. 88, admeasuring 00 H 08 Ares, situated at
Village Kothrud, Taluka Haveli, District Pune, falling within the local limits of the Pune
Municipal Corporation (hereinafter referred to as the "said property").
2. That owing to certain financial constraints, the Plaintiff was compelled to sell the said
property to mitigate his financial liabilities. Consequently, on ___________, a sale deed
was executed between the Plaintiff and Defendant, XYZ, for a total consideration of Rs.
1,50,00,000/- (Rupees One Crore Fifty Lakhs only).
3. That the Defendant, XYZ, issued 10 post-dated cheques towards the agreed
consideration amount. However, upon presentation, only two cheques for an amount of
Rs. 30,00,000/- (Rupees Thirty Lakhs only) were duly honoured, while the remaining
eight cheques, amounting to Rs. 1,20,00,000/- (Rupees One Crore Twenty Lakhs only),
were dishonoured due to insufficient funds or other reasons attributable to the
Defendant.
4. That the dishonour of these cheques constitutes a willful breach of the contractual
obligations as stipulated in the sale deed, and such failure on the part of the Defendant
has caused severe financial and mental hardship to the Plaintiff.
5. That despite repeated demands and notices, the Defendant has failed to make good the
payment of the dishonoured cheques or to comply with the terms of the sale deed. The
Plaintiff has at all times been ready and willing to perform his obligations under the
contract, but the Defendant has defaulted in fulfilling his obligations under the said
agreement.
6. That, in light of the Defendant’s material breach of contract and continued failure to
make the payment of the remaining consideration, the Plaintiff seeks a decree for the
cancellation of the sale deed executed between the parties and consequential reliefs.
7. That the cause of action for filing the present suit arose on ___________, when the
Defendant’s cheques were dishonoured, and continues to subsist.
That this Hon’ble Court has jurisdiction to entertain and try this suit, as the property in
question is situated within the territorial limits of this Court, and the transaction was entered
into within its jurisdiction.
PRAYER:
In view of the above, it is most humbly prayed that this Hon’ble Court may be pleased to:
1. Pass a decree declaring the sale deed dated ___________ executed between the Plaintiff
and Defendant in respect of the said property bearing City Survey No. 88, Village
Kothrud, Taluka Haveli, District Pune, as null and void and order its cancellation;
2. Direct the Defendant to refund to the Plaintiff the amount of Rs. 30,00,000/- (Rupees
Thirty Lakhs only) received by the Plaintiff along with interest at the rate of 18% per
annum from the date of dishonour till the date of actual realization;
3. Award costs of the suit to the Plaintiff;
4. Grant such other and further reliefs as this Hon’ble Court deems fit and proper in the
interest of justice.
Place:
Date: ___________
Plaintiff
Through Advocate: ___________
IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, PUNE
Suit No. ______ of 2023
ABC
Plaintiff
Versus
XYZ
Defendant
WRITTEN STATEMENT ON BEHALF OF DEFENDANT XYZ
MOST RESPECTFULLY SHOWETH:
1. The Defendant denies the allegations made in the plaint except those that are expressly
admitted hereinafter.
2. It is admitted that a sale deed was executed between the Plaintiff and the Defendant on
___________ in respect of the said property for a consideration of Rs. 1,50,00,000/-
(Rupees One Crore Fifty Lakhs only). The Defendant also admits to having issued 10
post-dated cheques in favour of the Plaintiff as part of the consideration.
3. However, the Defendant contends that at the time of entering into the sale deed, the
Plaintiff had unequivocally represented that he had a clear and marketable title to the
said property, and that there were no claims, disputes, or encumbrances affecting the
title of the property. The Plaintiff further represented that any future claims that may
arise would be settled and cleared by him at his own expense and responsibility.
4. Subsequent to the execution of the sale deed, the Defendant discovered that the
Plaintiff’s title to the said property was not as clear and marketable as represented. The
Defendant became aware of a pending civil suit in Pune Court challenging the Plaintiff’s
title to the said property. This fact was intentionally suppressed by the Plaintiff at the
time of executing the sale deed, which amounts to a gross misrepresentation and
fraudulent concealment of material facts.
5. The Defendant submits that the Defendant has performed all obligations under the sale
deed, including the payment of the initial consideration of Rs. 30,00,000/. It also denies
any intentional default in honouring the remaining cheques, which were dishonoured
due to unforeseen circumstances.
6. The Defendant contents that the non-payment of the full consideration does not amount
to a material breach of the sale deed, as the sale deed remains valid and enforceable
despite partial payment.
7. The Defendant asserts that as per the agreement between the parties, the Defendant is
liable to pay the remaining consideration only after the Plaintiff clears all pending claims
and delivers actual, physical, and lawful possession of the said property to the
Defendant, free from all encumbrances.
8. The Defendant opposes the reliefs sought by the Plaintiff, including the cancellation of
the sale deed, declaration of the sale deed as null and void, and return of possession of
the said property. Also, he seeks an order directing the Plaintiff to honour the terms of
the sale deed and to accept the remaining payments as and when they become due.
PRAYER:
In view of the foregoing facts and circumstances, it is most humbly prayed that this Hon’ble
Court may be pleased to:
1. Dismiss the suit filed by the Plaintiff with costs;
2. Direct the Plaintiff to clear all pending claims and deliver actual possession of the said
property to the Defendant;
3. Pass such other and further orders as this Hon’ble Court deems fit and proper in the
interest of justice.
Place:
Date: ___________
Defendant
Through Advocate: ___________
