Tutorial II

Plaint Drafting
 
Submitted by
Manasi Dicholkar

Division A
Roll No: 17010323024
Class: 2017-2022, SEM IX

Symbiosis Law School, Hyderabad

Symbiosis International University, Pune

In
Month: September
Year: 2021

Under the guidance of

Dr. Anita Sable
Professor for Drafting, Pleading and Conveyance
Symbiosis law School, Hyderabad.
 IN THE COURT OF THE JUNIOR CIVIL JUDGE CITY CIVIL COURT
AT MUMBAI

OS No. of / 2021

BETWEEN:
Radha Krishna Bansiwala, D/o. Ram Bansiwala
aged 45 years;
Occupation: Service,
R1-1008,Aurum Q-Parc,
Netaji Subhash Chandra Bose Road, 95-B, Marine Ln,
Mumbai, Maharashtra 400002 ……Plaintiff

AND

Mohan Dwapara, S/o Vishwanath Dwapara

aged about 51 years; Occ: Business,
Tower 2- 2107,Dalamal Co-op housing society,
Cuffe Parade, near Taj President Hotel, Colaba,
Mumbai, Maharashtra 400005, ……. Defendant

SUIT FOR SPECIFIC PERFORMANCE OF SALE AGREEMENT

PLAINT FILED UNDER SECTION 26 ORDER VII RULE 1 OF CPC

A. DESCRIPTION OF THE PLAINTIFF: For the purpose of service of all notices, process
etc. the description of the Plaintiff, is same as given in the above cause title or can be served
through the plaintiffs’ Counsel, Manasi.H. Dicholkar, A H Tesalawad Block, at 11, VB Gandhi
Marg, Kala Ghoda, Fort, Mumbai, Maharashtra 400001 , Telephone:91-22-34184600,Email:
manasidattorney@gmail.com.

B. DESCRIPTION OF THE DEFENDANTS: The address of the Defendant for the purpose of
service of all notices, processes etc., is the same as given in the above cause title.

THE PLAINTIFF HUMBLY SUBMITS AS FOLLOWS

1. The plaintiff humbly submits that both her and the defendant are bound together in a
fiduciary relationship by the virtue of a sale agreement being entered between the two, for
the sale of apartment 1708 at the 17th floor, in Purab Heights, T Gharpure Rd, Charni Road
East, Path, Mugbhat, Girgaon, Mumbai, Maharashtra 400004 (hereinafter after referred to as
the scheduled property in the suit) for a consideration of rupees fifteen lakhs (Rs. 15,00,000).

2. The plaintiff humbly submits that he had performed his due diligence by verifying the title
deed of the scheduled property with the help of his counsel. Mohan Dwapara the defendant
in the present suit was identified as the sole and current owner of the scheduled property in
various municipal records such as the Bombay Municipal Corporation property tax lists and
electricity bills.
3. Encumbrance Certificate also revealed that the defendant was the sole and first owner of the
property at the time of sale agreement, having bought the same through a sale deed no.
1234/10 on 12-06-2010, from the builder of the scheduled property Prakhhyat Builders and
Developers. And that the scheduled property had no legal or monetary liabilities.

4. The plaintiff further submits that the Mutation Certificate which established that there were
no tax liabilities on the defendant and therefore has a clear title over the scheduled property
and had the complete power to alienate the same by virtue of any contract or agreement
thereafter.

5. The plaintiff humbly submits that on 28-03-2021, through a real estate agent Mr. Jayesh
Patel of Bright Real Estate Consultancy, the plaintiff was introduced to the defendant for the
purpose of buying the scheduled property. The plaintiff had informed Bright Real Estate
Consultancy that he was seeking to buy a 1 bedroom-hall-kitchen apartment in Girgaon
Mumbai, for the purpose of living in the apartment.

6. The plaintiff humbly submits that on 15-05-2021, the terms of the sale were discussed agreed
and executed by both the plaintiff and the defendant in the form of writing as an agreement
of sale, in the office of Bright Real Estate Consultancy at Office No-130/E, Sikka Nagar, V P
Road, Charni Road, near Deshmukh Lane, Mumbai, Maharashtra 400004, in the presence of
Mr. Jayesh Patel. The Plaintiff further submits that an advance of Rs. Five Lakhs only/-
(5,00,000/-) was paid by the plaintiff to the defendant on the same day (15-05-2021) by the
way of a Demand Draft Receipt No.6787, Axis Bank, Charni Road Branch for obtaining an
immediate possession of the scheduled property.

7. The Plaintiff humbly submits that the plaintiff took the possession of the scheduled property
on 15-05-20201 i.e., on the day the sale agreement was executed by the plaintiff and the
defendant. The plaintiff further submits that via Mr. Jayesh Patel of Bright Real Estate
Consultancy on 21-06-2021, it was decided by the plaintiff and the defendant to register the
sale deed in the name of the plaintiff at the Sub-Registrar’s office in Prabhadevi, Mumbai on
26-06-2021 at 3:00pm IST after the plaintiff paid the remaining consideration of Rs. Ten
Lakh to the defendant. During which time the plaintiff continued to be in the possession of
the scheduled property.

8. The plaintiff humbly submits that, on 26-06-2021 the plaintiff reached the sub-registrar’s
office in Prabhadevi at 2:30 pm to complete the transfer of remaining consideration for the
property to the defendant and register the sale deed, however to the plaintiff’s disbelief the
defendant did not show himself at the sub-registrar’s office at 3:00 pm, the plaintiff and real
estate agent Mr. Jayesh Patel, both tried to contact the defendant but to no avail. They then
waited for the defendant to show himself, till the office of sub-registrar closed at 6:00pm.
9. The Plaintiff furthermore submits that over the course of next two days i.e. till.29-06-2021,
both the plaintiff and the real estate agency tried to reach the defendant by the way of the
telephone and alternate telephone number provided by the defendant however when the
defendant did not respond to either of their calls, the plaintiff and the real estate agent Mr.
Jayesh Patel went to the defendants home on 01-07-2021, at is his address which is provided
in the cause-title.

10. The Plaintiff submits that on reaching the Defendants address, the defendant made a claim
that said the agreement of sale between them is not valid and therefore was not enforceable,
even after the plaintiff paid the remaining consideration of Rs. Ten Lakh.

11. The plaintiff submits that upon a consultation with her counsel they served a legal notice to
the defendant on 05-07-2021 to perform his part of the agreement and register the sale
agreement and thereafter transfer the title deed on the plaintiff’s name. In paragraph 9 of the
legal notice the defendant was informed to be present at the Sub-Registrar’s office on 10-08-
2021 and a failure to which would result in a legal action. The copy of the legal notice served
by M.H. Dicholkar and Associates on behalf of the plaintiff is annexed herewith for the kind
perusal of this Court.

12. The plaintiff humbly submits that the defendant received the legal notice on 09-07-2021, and
still remained absent from the sub-registrar’s office on 10-06-2021.It is further submitted
before this Hon’ble Court that in the months from 15-07-2021 to 04-07-2021, the plaintiff
spent a substantial amount of money in reparation of the scheduled property and the
possession of the property is of the utmost importance to the plaintiff as both of her children
study in the school near the scheduled property and deprivation of the same would disrupt
their academic performance.

13. The plaintiff humbly submits that the plaintiff has performed her part of the agreement by
making due payment in a timely manner as well as by scheduling multiple appointments with
the Sub-registrar for registration of the property. However, the defendant has not only erred
in fulfilling his duties, but has also threatened the plaintiff a single mother of two children.

Hence the plaintiff is compelled to file this suit before this Hon’ble Court.

14. Cause of Action: The cause of action in the current suit initially arose on 26-07-2021, when
the defendant did not arrive at the sub-registrars office to complete the registration of the sale
agreement between him and the plaintiff and further did not respond to the calls from the
plaintiff and the real estate agent, the cause of action arose for the second time on 10-08-
2021 when he did not comply with the legal notice served to him.
15. The Plaintiff humbly submits before this Hon’ble Court that she has not filed any suit or writ
against the defendant in respect of the same cause of action and, no other case is pending
between the parties in any court of law.

16. Jurisdiction: The plaintiff humbly submits that the scheduled property is situated at Charni
Road East, Path, Mugbhat, Girgaon, Mumbai, Maharashtra 400004 which falls within the
territorial jurisdiction of this Hon’ble Court and the scheduled property is valued for Rs.
15,00,000 /- and is under the pecuniary jurisdiction of this Hon’ble Court and therefore this
Hon’ble Court jurisdiction to try this present suit

17. Limitation: The agreement to sale was entered into only in the July of 2021, with the cause
of action arising, on 26-07-2021 and subsequently on 10-08-201, and the, suit is within
period of limitation which is a period of three years.

18. Court fee: The plaintiff values the suit for the purpose of court fee and jurisdiction for
perpetual injunction for a sum Rs. 3,00,000/- and court fee of Rs. 10430.00/- as paid under
section 6 BCF and SV Act; for relief of enforcing specific performance of agreement of sale
which is sufficient and proper. The Court fee 10430.00/- is paid into credit of A/c.
No.40874256532 at State Bank of India, Prabhadevi on 21-09-2021.

PRAYER
That the Hon'ble Court may be pleased to pass a judgment and decree in favor of the plaintiff
against the defendant:

a) By issuing a perpetual injunction prohibiting the defendant from claiming or interfering with

the plaintiff's legal possession of the property.
b) To bind the defendant to the agreement to sell the scheduled property, and to direct the
completion and registration of the sale deed before the Sub-Register, Prabhadevi.
c) To award the suit's costs, and
d) To grant any additional relief or reliefs that this Hon'ble Court considers appropriate in the
interests of justice.

Date : 21-09-2021.

Place: Mumbai PLAINTIFF

VERIFICATION

I, the plaintiff Radha Krishna Bansiwala, D/o. Ram Bansiwala herein declare that the contents of
the Plaint No.1 to 18 are true and correct to the best of my knowledge, belief and information
and as per legal advice received. Hence verified.
DATE: 21-09-2021.
.
Place: PLAINTIFF
 SCHEDULE OF PROPERTY

All that portion forming a one-bedroom hall kitchen flat on the 17th floor in block 3 measuring
900 sq ft consisting of (70 sq ft of common area) along with an undivided land of 830sq ft and a
reserved parking space for a single four-wheeler/two-wheeler measuring 95 sq ft located on the
ground floor of the Purab Heights, T Gharpure Rd, Charni Road East, Path, Mugbhat, Girgaon,
Mumbai, Maharashtra 400004
NORTH: 25’ Wide Corridor
SOUTH: Flat no: 1707
EAST: open to sky
WEST: Flat no:1706

DATE: 21-09-2021.

Place: Mumbai PLAINTIFF

VERIFICATION

I, the above named Plaintiff do hereby declare that the contents and particulars of the suit
schedule are true and correct to the best of my knowledge, belief and information. Hence
verified

DATE: 21-09-2021.

Place: Mumbai PLAINTIFF

VERIFICATION

   I, Radha Krishna Bansiwala, D/o. Ram Bansiwala the plaintiff hereby appoint Ms. Manasi
Dicholkar Advocate High Court, of Bombay to act, appear and plead for me in the above matter.
IN WITNESS WHEREOF I have set and subscribed my hand to this writing at Colaba
Dated this 21 day of September Month of 2021
DATE: 21-09-2021.

Place: Mumbai PLAINTIFF

 LIST OF DOCUMENTS ATTACHED HEREWITH:

Annexure Description

A Sale agreement dated 15-05-2021

B Certified copy of Demand Draft receipt 6787, Axis Bank, Charni Road Branch

C dated 15-05-2021

D Certified copy of sale deed no. 1234/10 dated 12-06-2010

E Certified copy of Encumbrance Certificate dated 10-05-2021 for the scheduled

property.

F Certified copy of Mutation Certificate dated 10-05-2021 for the scheduled

property.

G Legal Notice dated 05-07-2021

Place : Mumbai

Date : 21-09-2021 Counsel for Plaintiff