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Submitted To: Dr. Amritpal Kaur Submitted By: Anmol Bahuguna

Course Code: LAW 404

Course Name: Civil Procedure Code
Reg No. 11614414
Roll No. L1604A 20
O.S NO. 28465/2019

In the matter of: -

Apurv Saklani son of J.P Prashant Saklani

K.C Road NIT-3 Block A. 676/No.
District Ludhiana PLAINTIFF


Ayush Kumar son of K.D Joginder Kumar

J.K Ram Gali Block P 454/No.
District Ludhiana
Shivam Arora son of Kushal Lal Arora
Crescent Apartment Block No. 4 Flat no.207/A
District Ludhiana DEFENDANT

Respectfully Showeth,
1. That the defendant No. 1 is owner in possession of a Plot No. 676 measuring 250 Sq.
Yards at St No.3654, Immovable property Category General Phase V, Bahria Town,
Ludhiana vide registration No.75632536. (copies of allotment letter along with
possession certificates are annexed here with for the kind persual of this Hon’ble

2. That the plaintiff and defendant No.1 entered into an agreement with regard to the
sale of the said plot on 15-05-2013 for total consideration amount of Rs.23,25,000/-
including charges of site plan and other utility charges and the defendant No. 1
received Rs. 2,00,000/- as earnest money from the plaintiff in presence of witnesses
and for remaining amount of Rs. 21,25,000/- the date was fixed for payments as 30-
04- 20

That it was also settled between the plaintiff and defendant No.1 that in case of failure on the
part of the plaintiff to pay the remaining amount to the defendant No.1, the earnest money
would be forfeited while if the defendant No.1 failed to transfer the said plot in favour of the
plaintiff after getting total amount, the defendant No.1would be responsible to pay the double
of the amount, which he received from the plaintiff and the defendant No.1 will have no
objection, if the plaintiff get transferred the said plot in his favour through the court of
competent jurisdiction.

3. That thereafter, the plaintiff requested the defendant No.1 that he is ready to pay the
remaining amount before the stipulated period and in this regard the plaintiff also
deposited the remaining amount in the bank and prepared a bank draft and requested
him to transfer the said plot in accordance with the agreement dated15.04.2019 but he
not only received the amount but also refused to transfer the said plot in favour of the

4. That the said act on the part of the defendant No.1 is illegal, unlawful, improper and
against the all cannons of justice. Moreover, the said act on the part of the defendant
No. 1 is based upon mala- fide intention and ulterior motives.

5. That the plaintiff number of times, requested the defendant No.1 to fulfil his part of
obligations in accordance with the written agreement dated 15.04.2019, who once
again refused to receive the amount in respect of above-mentioned land.

6. That the plaintiff contacted the defendant No.2 and asked about the factual position
with regard to the agreement and requested them to refrain from transferring the
ownership of the said plot in any manner whatsoever in favour of any persons except
the plaintiff but in vain.

7. That now it came into knowledge of the plaintiff that the defendant No.1 who is
having very cordial relations in the Bahria Town’s Office is trying to transfer the said
plot in favour of some-one-else while making collusion with the defendant No.2.
8. That the plaintiff is ready to perform his part of agreement, as his earlier payments
supports his version but the defendant No.1 without any justification is reluctant to
transfer the suit land in favour of the plaintiff.

9. That the defendant No.1 is bound to fulfil her part in accordance with the agreement
dated 15-04-2019 but now he is adamant to hear anything reasonable.

10. That the cause of action accrued finally two days ago when the defendants finally
refused to listen the genuine and legitimate requests of the plaintiff, which is still
continuing day by day.

11. That the office of the defendant No.2 is at Ludhiana, suit property is at Ludhiana,
written agreement was made at Ludhiana between the parties, so this Learned Court
got the jurisdiction to entertain the matter in hand.

12. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs.
20,000/- and no court fee is levied on the plaint. However, in any discrepancy is made
out, the plaintiff is ready to deposit the court fee as per order of this Hon’ble Court.

It is therefore, humbly prayed that a decree of suit on the basis of the agreement and
facts stated in the plaint, the decree may kindly be passed in favour of plaintiff.

It is further prayed that the defendant may kindly be restrained permanently from
transferring the plot No. 676, measuring 250Sq Yards, situated at St No.3654
immovable property phase V, Bahria Town, Ludhiana to any person except the

Furthermore, the defendants may also be restrained not to transfer the suit land while
making collusion with each other’s to any person except the plaintiff may kindly be
passed in favor of the plaintiff against the defendants.

Any other relief, this Hon’ble court deems fit may also be granted.

Through Counsel

Verified on Oath, that the contents of the para No.1to 10 are true and correct to the best of
our knowledge and belief and rest of the paras are believed to be true and correct.