Practical Training-I

Drafting, Pleadings and Conveyance

SN Component

CIVIL PLEADINGS

1 NOTICE

Registered Post with Acknowledgement Due

Advocate

……………………………..
………………………………..
Date ……………….………….
Shri ………………………….
………………………..…….
Dear Sir,

Under instructions from my client Shri ……………….. I, hereby give you notice to quit,
vacate and deliver peaceful vacant possession of the house bearing No.
……..…………………………. and occupied by you as his monthly tenant at the monthly rent
of Rs…………….. p.m. on the expiration of one month next after the month current in
which you receive the notice, as you have failed to pay the rent to my client since
…………….. Please note that the relationship between you and my client as lessee and
lessor shall stand terminated with effect from the said date.

2. Please note that if you fail to comply with this notice, my client shall file suit against
you for recovery of possession and profits, damages and costs.

Yours faithfully,

XYZ

Advocate

Name and Signature of Advocate

2 Plaint

In the Court of Civil Judge Class - I at Indore

Suit No. ………… / 20……. A. B. s/o B. C.

123, A B Road, Indore, MP ......................................... Plaintiff
Vs.

M. N. s/o O. P.
456, A B Road, Indore, MP ......................................... Respondent

Suit for Specific Performance of Contract to sell a residential plot

The plaintiff respectfully states as follows: -

Inducement:

(1) Plaintiff is a Govt. Servant working in Indore, MP. and so on

(2) Respondent is a property broker having an office at ...

Material Facts of the case:

(3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No
123 at Rani Bagh Colony, Indore. A copy of the contract is attached with the petition.
(4) The boundaries of the plot is as under:
East: Road
West: Plot number 124
North: Road
South: Colony wall
(4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed
upon in the contract, is Rs. 40,000/-.
(5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI,
Indore Branch at the time of making the contract and promised to do registry upon
payment of remaining amount of 30,000/-
(5) The plaintiff tried to pay the remaining amount on several occasions by cash as well
as check but the respondent refused to take the payment.
(6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.
(7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the
respondent is not willing to transfer the said plot.

Cause of Action and Limitation

(8) The cause of action for the present suit first arose on 10/10/2009, when the
respondent refused to convey the said property as per the terms of the agreement and
hence, the suit filed today is within time.

Valuation:
9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-.

Jurisdiction:
(10) The plot is located in Indore, which is within this court's territorial jurisdiction.

(11) The value of the contract is 40,000/- which is within this court's pecuniary
jurisdiction.
 Relief Claimed:
(12) The plaintiff, therefore prays that -
the court be pleased to order the respondent to perform his part of the contract by
accepting the remaining payment and conveying the said plot to the plaintiff.

the plaintiff be permitted to deposit the balance of consideration in this Hon'ble Court.

the respondent be ordered to pay compensation for mental harassment, loss of wages,
and cost of this litigation.

Place: …………………. (Signature of the plaintiff)

Date: …………………..

YYY
Advocate
Verification

I, ______, do hereby solemnly verify that the contents from paras 1 to 4 are correct and
true to the best of my knowledge and contents from para 5 to 12 are based on legal
advice, which I believe to be correct. Affirmed at Indore this 4th Day of September
2009.
Signature of Plaintiff

3 Written Statement

In the Court of Civil Judge Class - I at Indore

Suit No. 1234 / 2009.

A. B. s/o B. C.
123, M G Road, Indore, MP ......................................... Plaintiff

Vs.

M. N. s/o O. P.
456, M G Road, Indore, MP ......................................... Respondent

Written Statement of the Respondent under Order 8 Rule 1

(or Written Statement on behalf of all the Respondents)

The respondent(s) respectfully state(s) as follows: -

(1) Para no. 1 of the plaint is admitted and needs no reply.

(2) Para no. 2 of the plaint is admitted and needs no reply.

(Facts constituting cause of action)

 (3) Para no. 3 of the plaint is admitted and needs no reply.
(4) Para no. 4 of the plaint is admitted and needs no reply.
(5) Para no. 5 of the plaint is denied and not admitted because the contract referred to
by the plaintiff in Para no. 3 clearly specifies that the balance amount must be paid by
10/10/2008, failing which the agreement shall terminate and the buyer shall forfeit the
initial deposit. However, the plaintiff never made the balance payment.
...
(Jurisdiction/Optional)
(10) The market value of the plot is more than 5,00,000/- and so this court has no
jurisdiction to try this case.
(11) The plot is situated in Dewas, MP and so this court has no jurisdiction to try this
case.

(12) The respondent therefore prays that the suit be dismissed with costs.

Place: …………………. (Signature of the Respondent)

Date: …………………..

Advocate for Respondent

Verification

I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to
the best of my knowledge and personal belief and no part of it is false and nothing
material has been concealed therein. Affirmed at Indore this 4th Day of September
2009.

(Signature)
Respondent

4 Affidavit

Before the Regional Transport Officer , …………………………….

Affidavit of A, aged about ……………… years, son of Shri ………… resident of …………………..
I, A, aged about ……………………….. son of Shri………………… resident of …………take oath
and state as follows:

1. That I am the applicant in application for the issue of duplicate driving licence and as
such fully conversant with the facts deposed to below.
2. That I was issued driving licence No. ………………… on …………. by this authority, to
drive scooter with gears.
3. That my driving licence No. ………….. has been lost on or about….. for which I have
lodged FIR with Police Station, ………….. …………. vide FIR No. …………………….. dated
…………………
4. That I have not deposited the said licence with any court or anywhere or my licence
has not been cancelled. I have not been convicted of any offence by any court.
 5. That no charge sheet has been filed against me for any offence under the Motor
Vehicles Act or Rules made there under or any other law in force.

6. That I am not addicted to wine and I do not suffer from any of the diseases
disqualifying me to hold the driving licence.

7. That if the original licence will be found, I shall deposit the same with the Office of
Regional Transport Officer.

8. That in view of the above, it is necessary that a duplicate driving licence may be
issued to me.

I, A, the above named deponent do hereby declare and verify that the contents of paras
1 to 7 are true to my knowledge and the contents of para 8 are my submissions to this
authority and nothing has been concealed and no part of it is false.

Verified at ………………… this …………………… day of ……………….. 2000.

Deponent
Date ………………….

5 Original Petition

IN THE HIGH COURT OF KERALA AT ERNAKULAM

K.T. Sankaran & M.L. Joseph Francis

O.P. (FC) No. 2013 of 2012

Dated this the 22nd day of August, 2012

Family Courts Act, 1984 - Section 7(2) - Code of Criminal Procedure, 1973 –
Chapter IX, Section 407 – Procedure for ordering maintenance for wives, children
and parents - Transfer of a case - Necessary Ingredients - When the Family Court is
exercising the powers and jurisdiction under Chapter IX of the Cr.P.C, it is a Criminal
Court equivalent to the Court of the Magistrate of the First Class and therefore, High
Court can transfer a case from one Family Court to another Family Court under Section
407 of the Cr.P.C. The necessary ingredients to invoke the jurisdiction of the High Court
under Section 407 Cr.P.C. are; (1) that a fair and impartial inquiry or trial cannot be had
in any Criminal Court subordinate thereto, or (2) that some question of law of unusual
difficulty is likely to arise; or (3) that an order under the Section is required by any
provision of the Code; or (4) to suit the general convenience of the parties or witnesses;
or (5) it is expedient for the ends of justice.

M.L. Joseph Francis, J.

1. This Original Petition (Family Court) is filed under Article 227 of the Constitution of
India seeking the following reliefs :
(i) Direct the Family Court, Kannur to transfer the necessary records of M.C. No.
425/2005 and M.C. No. 458/2011 to Family Court, Kasaragod or any other Court at
Kanhangad for realizing the amount standing due from the respondent towards the
petitioner and her children.

(ii) Allow the petitioner for her behalf and on behalf of her two minor children to
realize the amount now due and may become due in future by initiating necessary legal
proceeding before the Family Court, Kasaragod or any other Court at Kanhangad.

2. The facts of the case are briefly as follows: The petitioner herein is the first petitioner
in M.C. No. 425 of 2005 on the file of the Family Court, Kannur. The petitioners 2 and 3
in the M.C. are the children born in the wedlock between the petitioner and the
respondent. Their marriage took place on 25-03-2002. It is alleged that after the
marriage the respondent treated the petitioner with cruelty for a period of five years
and thereafter, deserted her even without paying maintenance. Therefore, she was
compelled to file M.C. No. 425 of 2005 before the Family Court, Kannur for maintenance
to her and her children from the respondent, who was working in Army. Her children
are minors and there is nobody to look after them in the house in her absence since her
mother and grandmother are laid up. Moreover, the petitioner needs travelling
expenses for her travel from Kasaragod to Kannur. Considerable portion of the
maintenance amount is to be spent towards advocate fee and travelling expenses if
execution of orders in M.C. Nos. 425 of 2005 and 458 of 2011 is carried out in Kannur
District. At the Kanhangad Court premises there is sitting of Family Court, Kasaragod
twice in a month and the said Court is very near to the petitioner's residence. One of
her close relatives is practicing at Kasaragod Bar. If further execution proceedings are
allowed to be carried out under the jurisdiction of the Family Court, Kasaragod, it
would be convenient to the petitioner.

3. Though notice was served on the respondent, there was no appearance for the
respondent. Heard the learned counsel for the petitioner and Adv.Sri.M.P.Sreekrishnan,
who assisted this Court as amicus curiae.

4. During the pendency of this proceedings, the petitioner filed I.A.No.10813 of 2012 to
amend the Original Petition (FC) by incorporating a sentence in the last portion of
paragraph 6 of the Original Petition, which reads as follows :

"The respondent is now working at Kanhangad Police Station, Kasaragod District as a

Home Guard."

That petition was allowed by this Court.

Accordingly, this Original Petition (Family Court) is allowed in part. C.M.P. No. 492 of
2011 in M.C. No. 425 of 2005 pending before the Family Court, Kannur is transferred to
the Family Court, Kasaragod for the purpose of enforcement of the order. On receipt of
that CM.P., the Family Court, Kasaragod is directed to proceed with in accordance with
law.
6 Interlocutory Application

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Pushpa & Ors. Vs. T.V. Josekutty & Ors.

I. A. No. 2255 of 2012 in C. R. P. No. 59 of 2012

Code of Civil Procedure, 1908 – Sections 2(2), 115 & 144 – "decree" -Restitution -
Maintainability of the Civil Revision Petition - Is a Civil Revision Petition under Section
115 of the Code of Civil Procedure, 1908 (the 'CPC for short) maintainable against an
order determining a question of restitution under Section 144 CPC? Can the Civil
Revision Petition so filed be permitted to be converted into an Execution First Appeal
when it is found not maintainable?
Held :- The case in hand is undoubtedly an appropriate case in as much as the extent of
the right of the decree holder and the date on which it accrued to him deserves to be
adjudicated. The decree holder contended that he is entitled to re-delivery of the
property obtained in execution of the decree in O.S.No.167/1992 and which was in his
possession prior to the disposal of A.S.No.514/1995. The legal heirs of the judgment
debtor however maintained that the entire decree debt was deposited after the
disposal of A.F.A.No.31/2002 to which alone the decree holder was entitled to in the
suit for money. These are all matters to be considered at the time of final hearing and I
deem it fit and appropriate to grant permission to convert the Civil Revision Petition
into an Execution First Appeal as sought.

A note of caution has been added by the Supreme Court to the effect that such
jurisdiction could be exercised only in appropriate cases and subject to fulfillment of
other conditions. The case in hand is undoubtedly an appropriate case in as much as
the extent of the right of the decree holder and the date on which it accrued to him
deserves to be adjudicated. The decree holder contended that he is entitled to re-
delivery of the property obtained in execution of the decree in O.S. No. 167 of 1992 and
which was in his possession prior to the disposal of A.S. No. 514 of 1995. The legal heirs
of the judgment debtor however maintained that the entire decree debt was deposited
after the disposal of A.F.A. No. 31 of 2002 to which alone the decree holder was entitled
to in the suit for money. These are all matters to be considered at the time of final
hearing and I deem it fit and appropriate to grant permission to convert the Civil
Revision Petition into an Execution First Appeal as sought.

I allow I.A. No. 2255 of 2012 in C.R.P. No. 59 of 2012. The Registry shall re-number the
case as an Execution First Appeal and post it according to the roster.

7 Execution Petition

IN THE COURT OF III ADDITIONAL DISTRICT JUDGE: TIRUPATI

Decree Holder
V/s
___________________________________________ Judgement Debtor
Dated ____________
 The Decree Holder prays for execution of the Decree/Order, the particulars whereof
are stated in the columns hereunder.
1. No. of Suit
2. Name of Parties
3. Date of Decree/order of which execution is sought
4. Whether an appeal was filed against the decree / order under execution
5. Whether any payment has been received towards satisfaction of decree-order
6. Whether any application was made previous to this and if so their dates and
results
7. Amount of suit alongwith interest as per decree or any other relief granted by
decree
8. Amount of costs if allowed by Court
9. Against whom execution is sought
10. In what manner court’s assistance is sought
The DECREE HOLDER humbly prays that:
Decree Holder
Verification:
I, ________________________ do hereby verify that the contents of this application are true to
my knowledge or belief.

Delhi.
Dated…………… Signature of Decree Holder

Through Advocate

8 Memorandum

To,
The Registrar,
High Court of Andhra Pradesh
Hyderaband
Sir,
Please enter my appearance on behalf of the Petitioner(s) /Appellant(s)/
Respondent(s) /Intervener in the matter above mentioned.

Dated this the___________day of_____________________

Yours faithfully,

Advocate for Petitioner(s)/Appellant(s)/Respondent(s)

9 Writ Petition to High Court

IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /BENCH AT GWALIOR

Writ Petition No. ………… / 20…….

Cause Title
Petitioner: The name, age, father/husband’s name, occupation
and complete address and fax number with S.T.D.
Code and e-mail address, if any;

Vs.
Respondent : The name, age, father/husband’s name, occupation,
and complete address and fax number with S.T.D.
Code and e-mail address, if any;

(Writ Petition under Article 226 of the Constitution of India)

1. Particulars of the cause/order against which the petition is made:

(1) Date of Order / Notification / Circular / Policy / Decision etc : N. A.
(2) Passed in (Case or File Number) : N. A.
(3) Passed by (Name and designation of the Court, Authority, Tribunal etc.) : N. A.
(4) Subject-matter in brief :
The petitioners are final year law students pursuing LLB (3 Year Degree Course,
Semester System) from Govt. Law College, Indore, which is affiliated to Devi Ahilya
Vishwa Vidyalaya (referred hereinafter as DAVV in brief) and they intend to pursue
LLM in academic session 2009-2010. They also intend to appear in Civil Judge Class II
Examination, which is being conducted by Honourable High Court of M. P. in September
2009.
This petition is filed by the petitioners challenging -
a. the inaction of DAVV and its inordinate delay in conducting LLB 6th semester exam,
which was to be held in May 2009 and the result of which was to be declared in June
2009.
b. the arbitrary and illegal award of marks in one practical subject named “Moot
Court, Pre-trial Preparation and Participation in Trial Proceedings”.
As these actions are preventing the petitioners from –
a. pursuing LLM in the academic session 2009-2010
b. appearing in Civil Judges Class II Examination to be conducted by Honourable High
Court of M. P. in September 2009.

2. A declaration that no matter pending: Petitioners declare that no matter relating to

the subject matter of this petition has been previously instituted or is pending in any
Court, authority or tribunal at the instance of the petitioners.

3. Details of remedies exhausted:

Petitioners have given written representation to Registrar, DAVV as well as to Vice
Chancellor, DAVV on 03/06/2009. They have also personally met with the Registrar as
well as the Vice Chancellor seeking redressal to their grievances. However, no attempt
has been made to safeguard the future of the petitioners and other similarly placed
students.

4. Delay, if any, in filing the petition:

Petitioners declare that there is no delay in filing of this petition.
5. Facts of the case:

(Give a concise statement of facts in chronological order in separate paragraphs)

6. Grounds urged :

6.1 Because the petitioners future is at stake as they are unable to take admissions in
other colleges and universities of India for LLM courses due to late conduction of
examinations. Complete one year of petitioners is being wasted because of this inaction
and irresponsible attitude of Respondent No. 1.
6.2 Because even School of Law Respondent No. 3, which is run by DAVV, is not
allowing the petitioners to appear in their entrance exam for LLM.
6.3 Because due to low marks awarded to the petitioners in the practical subject, they
have been rendered uncompetitive to secure admission in LLM courses in colleges
affiliated to DAVV on the basis of merit. The low marks awarded in the practical subject
also look bad on the petitioners’ resume and adversely affect the petitioners’ chances of
securing a job or other career related activities.
6.4 Because the Petitioners are unable to appear in Civil Judge Class II examination
which is being conducted in September 2009 for no fault of theirs.
6.5 Because petitioners are being denied their fundamental right to work due to delay
in obtaining Sanad.
6.6 Because it is a duty of DAVV to conduct exams fairly and on time, which it has
failed to do.
6.7 Because it is a duty of Respondent No. 2, to evaluate the students fairly in Practical
subjects, which it has failed to perform.

7. Relief Prayed for:

Petitioners pray that this Honourable Court may be pleased to:

7.1 By issuing a writ of mandamus or any other appropriate write, order, or direction,
direct the Respondent No 1 and 2 to conduct the exams of 6th semester of LLB course
and declare the result without further delay.
7.2 Respondent No. 3, be directed to permit the petitioners to appear for their
entrance examination for LLM and be given provisional admission if they are successful
in the entrance examination.
7.3 Respondent No 1 and 2 be directed to either –
a. Ignore the marks in this subject for calculation of aggregate percentage for LLB
Degree. It is worth mentioning that that DAVV already does ignore the marks for Paper
5 of Semester 5, which is also a practical subject.
b. Rationalise the marks given in the practical subject of “Moot Court, Pretrial
Preparation, and Participation in Trial Proceedings”.
7.4 Cost of this petition be awarded to the petitioners.
7.5 Any other relief, which this Honourable Court deems fit in the peculiar facts and
circumstances of the case.

8. Interim Relief:
The petitioners pray that Respondents 1 and 2 be directed to conduct LLB 6th semester
exam and declare the result without any further delay.
 9. Documents relied on but not in possession of the petitioner:
9.1 List of marks obtained by students of all Law colleges affiliated to DAVV in the
practical subject of “Moot Court, Pretrial Preparation, and Participation in Trial
Proceedings” in March 2009.
9.2 Submissions of students who scored above 80 marks or below 60 marks of
Respondent No. 2, as well as other colleges affiliated to DAVV made towards the subject
of Moot Court (Paper 4 of 5th semester).

10. Caveat:
That no notice of lodging a caveat by the respondents has been received by the
petitioners.

Place: …………………. (Signature)

Date: ………………….. Counsel for Petitioner(s)

Verification

I, ______, do hereby verify that the contents from paras 1 to 10 are correct and true to
the best of my knowledge and personal belief and no part of it is false and nothing
material has been concealed therein. Affirmed at Indore this 4th Day of September
2009.

(Signature)
Plaintiff

10 Writ Petition to Supreme Court of India

Format of Civil writ Petition in Supreme Court

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. __________OF 200________
IN THE MATTER OF:
__________________
_______________________________________________PETITIONER
VERSUS
________________________________________________________&
Others RESPONDENT

AFFIDAVIT
I,________________________ , son of _____________________ , aged about _____ years, residing at
______________ Delhi do hereby solemnly affirm and state as follows:-
1. That I say that that I am the petitioner in the above mentioned matter and I am
well conversant with the facts, proceedings and circumstances of the case and hence
competent to swear to this affidavit.
2. That I say that that I have read and understood the contents of the accompanying
Writ Petition para 1 to para _____ at page no. ______to _______ and the list of dates, pages B
to ________ and I say that the facts stated therein are true to my knowledge.
3. That I have read and understood the contents of the I.As. and I say that the
contents thereof are true and correct to my knowledge.
 4. indlaw.com

5. That I say that the annexure along with the Writ Petition are true copies of its
respective originals.

6. That I say that the averments of facts stated herein above are true to my
knowledge, no part of it is false and nothing material has been concealed there form.

7. Verified at New Delhi on this the __________ day of __________ , 200

Deponent

CRIMINAL PLEADINGS

11 Complaint

In the Court of Judicial Magistrate Ist Class at Indore

Criminal Complaint No. ... / 2009

A. B. s/o B. C.
123, A B Road, Indore, MP ......................................... Complainant

Vs.

M. N. s/o O. P.
456, A B Road, Indore, MP ......................................... Accused

Complaint of Offence under S. 506 (Criminal Intimidation) I P C

Complaint of Offence under S. 290 (Public Nuisance) I P C

The aforementioned complainant begs to state as under:-

That the complainant is a resident of 123, MG Road, Indore.

That the accused is a resident of 222, MG Road, Indore, which is in the same area.

Since 10/10/2009, the accused and his friends have started playing cards on the street
in front of the plaintiff's house every evening and late night.

The accused and his friends create a lot of noise while playing and also shout
obscenities at each other.

Due to this behavior the plaintiff is not able to life peacefully in his house.

The plaintiff has requested the accused several times to stop playing in front of or near
his house but to no avail.

The plaintiff also gave the respondent a written notice in this respect.

The complainant, therefore, prays that –

(a) appropriate proceeding be initiated against the accused under Cr P C.
 (b) the accused be stopped from continuing the nuisance in the residential locality.
(c) the accused be convicted of the offence under S. 290.
(d) the accused be ordered to pay compensation for medical treatment, mental agony
to the amount of 100,00/-

Place: …………………. (Signature of the

Complainant)
Date: …………………..

12 Criminal Miscellaneous Petition

D/o. Dhanu,
6A, Vailabai Road,
Chokkikulam. Madurai
District.
Petitioner/Accuscd No. 1 to 6
-Vs-
State through its Inspector of Police, Veeranallur
Police Station,
Tirunelveli District ... Respondent/Complainant
(In Crime No. 161 of2010|
PETITION FOR STAY
For the reasons stated in the accompanying affidavit it is therefore prayed that this
Hon Tale Court may be pleased to stay all further proceedings in Crime No. 161 of 2010
on the file of the Respondent Police, pending disposal of the above Criminal original
Petition and pass such other orders as this Hon Tile Court may deem fit and thus
render
justice.
Dated at Madurai on this the 30"1 day of August 2010

13 Bail Application

Before the Judicial Magistrate Ist Class at Indore

Criminal Misc. Petition No ....../2009
in
Crime No. 1234 / 2009
(or Criminal Complaint No 1234/2009)
A. B. s/o B. C.
age 30 yrs
resident of 123, A B Road, Indore, MP ......................................... Petitioner/Accused

vs

State of Madhya Pradesh

through Station House Officer,
Police Station, MG Road,
Indore ......................................... Respondent/Prosecution
(or M. N. s/o N.O.
 resident of 222 AB Road, Indore ......................................... Complainant)

Application for Bail under S. 437(1) of Cr P C

The aforementioned accused/applicant begs to state as under:-

That the accused is facing trial before this Hon'ble Court in case titled as State of MP vs
A.B. for the offence under Sections 323 and 325 of IPC.
That this Hon'ble court was pleased to issue a Warrant and the Police has accordingly
arrested the accused/applicant.
That the accused was not at all involved in the crime alleged in the said case.
That the accused is a permanent resident of Indore and earning livelihood by working
as a fruit vendor in trains.
The accused has his old parents dependent upon him and the accused is the only bread
earner for the family.
That by getting the accused/applicant arrested the accused has been deprived of his
valuable fundamental right of liberty by abuse of powers and process of law by the
complainant.
That the accused is willing to furnish surety and bail bonds to the satisfaction of this
learned court in case he is ordered to be released on bail.
That the accused will abide by all the conditions as imposed by this Honourable Court.
It is, therefore, most respectfully prayed that this application for bail may kindly be
allowed in the interest of justice and the accused be released on bail upon such
conditions a this Honorable Court may deem fit.

Indore
10/11/2009

14 Memorandum of Appeal

In the Court of District Judge, Indore

Civil Appeal No. ... / 2009 Under Section 96 of CPC, 1908.

A. B. s/o B. C.
123, A B Road, Indore, MP ......................................... Plaintiff/Appellant

Vs.

M. N. s/o O. P. 456, A B Road, Indore,

MP ......................................... Defendant/Respondent

Memorandum of Appeal
Sir,

The aformentioned plaintiff-appellant appeals against the judgement and decree of the
Court of Civil Judge Class II, at Indore, passed in Original Suit No 1234 of 2009 between
A. B s/o B. C vs M.N s/o O. P., dated 10/10/2009, and sets forth the following grounds
of objection to the decree appealed from :-

Value of the suit:

 Value of appeal:
Court Fee Paid:

(1) That the orders passed by the Learned Lower Court are contrary to the provisions
of law and the principles of natural justice.

(2) That the findings arrived by the Learned Lower Court are not supported by the
evidence on record.

(3) That the Learned Lower Court committed an error in holding that the house
premises are not required by the plaintiff/appellant for his personal bonafide
occupation.

(4) That the copy of the Judgment and the Decree against which this appeal has been
preferred is attached alongwith.

(5) That the Learned Lower Court has having answered the first issue in the negative
decided the rest of the issues against the appellant, which itself is improper and illegal.

(6) That the necessary court fee is paid herewith.

Prayer:
(7) That the appellant, therefore, prays that for the reasons stated above and as may be
argued at the time of hearing, the record and proceedings be called for, this appeal be
allowed, the orders under appeal be set aside and quashed, and orders deemed just and
proper be kindly passed. Further that the cost of this petition be awarded in favor of
plaintiff-appellant.

Place: …………………. (Signature of the Plaintiff-

Appellant)
Date: …………………..

Advocate for Plaintiff-Appellant

Verification

I, ______, do hereby verify that the contents from paras 1 to 5 are correct and true to the
best of my knowledge and personal belief and no part of it is false and nothing material
has been concealed therein. Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff-Appellant
15 Memorandum of Revision

Revision petition
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Appellate side)
(Sec. 60(1) )
MEMORANDUM OF CIVIL REVISION PETITION
[See rule 14(13) ]
Civil Revision Petition No…. ..of 200

Petitioner (s)
Versus
Respondent
Revision petition to the High Court to revise the order of the
Chennai

APPELLATE TRIBUNAL Madurai dated ….…...and passed in

… Coimbatore
1. District in which the assessment was made
2. TIN / Assessment year
3. The designation of the officer whose orders were appealed
against before the Appellate Tribunal
4. Date of communication of the order of the Appellate Tribunal
5. Findings of the Appellate Tribunal (state in serial and
appropriate order the relevant findings arrived at by the
Tribunal)
6. Questions of law raised for decision by the High Court (here
formulate the questions of law raised concisely, etc.)
(Signed)
Petitioner(s)
(Signed)
Authorised Representative, if any

Verification

I/We………….. the petitioner(s) do hereby declare that what is stated above is true to the
best of my/our knowledge and belief.

Verified today the ……………. day of……….200

(Signed)
Petitioner(s)
(Signed)

Authorised Representative, if any

Note—(1). The petition should be accompanied by a certified copy of the order of the
Appellate Tribunal.
(2) The petition should (if preferred by an assessee) be accompanied by a fee of
Rs.100/(
3) The petition should be written in English and should set forth concisely and under
distinct
heads the facts of the case, the findings arrived at by the Appellate Tribunal and the
questions of law raised consecutively. There should be no argument or narrative. .
 CONVEYANCING

16 Sale Deed

Sale Deed of House/Residential Plot

THIS SALE DEED is executed BETWEEN

Shri _____________ Son of Shri ________________age ___ years, occupation ____ ___ , resident
of hereinafter called the vendor, (which expression shall, unless repugnant to the
context, mean and include his heirs, executors, administrators and assigns) of the One
Part
AND
Shri _____________ Son of Shri ________________age ___ years, occupation ____ ___ , resident
of hereinafter called the PURCHASER, (which expression shall, unless repugnant to the
context, mean and include his heirs, executors, administrators and assigns) of the Other
Part on this____ DAY of ______ AT _____.

WHEREAS the vendor had purchased from Shri _____ a piece of residential plot bearing
no 123 and measuring 2000 Sq Ft on the basis of Sale Deed vide document no____ and
registered on in the office of the Sub Registrar ______
AND WHEREAS the property is self acquired by the vendor;
AND WHEREAS the vendor is the lawfully owned and possessed of the dwelling house
being premises No ....... in town, described in further details in the schedule here under;
AND WHEREAS the seller is in need of money for his daughter's marriage;
AND WHEREAS the vendor has agreed to sell, transfer, and convey the said property
unto the purchaser for the price of Rs ______/- (in words) Only;

NOW, THIS SALE DEED WITNESSES as follows :

1. In consideration of the sum of Rs ..... ( ) only paid by the purchaser to the vendor by
account payee cheque (Cheque No. 123456) with the execution of these presents the
receipts whereof the vendor admits and acknowledges, the said vendor does hereby
grant, convey, sell, transfer, and assign into and to the use of the said purchases fee
from all encumbrances.

2. All that house with compound wall, kitchen, and garden belonging thereto
commonly called premises No._____ and as described in the schedule here under.

3. And all rights, title, interest, claim and demand whatsoever of the vendor into or
upon same and every part thereof to have and to hold the same unto and to use of the
purchaser, his heirs, executors, administrators, assigns, absolutely and for ever
together with title deed and any other evidences of title.

4. And that the house is not mortgaged or has no encumbrance of any kind.

5. And that nobody has right to any kind of claim on this house

6. And there no kind of tax is due on this house property

 THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO :

All that piece and parcel of land situate within the Registration Division & District Sub-
Division & Taluka within the local limits of the Indore Municipal Corporation, revenue
village bearing Plot No. ___, out of Survey No. ____, and measuring _____ sq ft or
thereabouts, and bounded by as follows :
On or towards the East _
On or towards the South _
On or towards the West _
On or towards the North _

IN WITNESS WHEREOF the parties hereto have signed here under at INDORE the date
first above mentioned.

(Signature)
VENDOR

(Signature)
PURCHASER
Memo of Consideration
Received of and from the within named purchase the sum of Rs. _______ ( ____ Only)
being the full consideration within name was to be paid by the purchaser to us.
We say received.
(Signature of Vendor)
VENDOR

Witnesses:

1. (Signature)
Name and Address

2.(Signature)
Name and Address

17 Simple Mortgage Deed

This Deed of Mortgage made at …………………. this ……………. day of ………………. Between
X, son of …………………………. resident of ………………………. hereinafter called as a
mortgagor of the ONE PART and Y, son of …………………. resident of ………………
hereinafter called as a mortgagee of the OTHER PART.

WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the house bearing municipal no……………. situated on
…………………… Road, ………………….. more particularly described in the Schedule
hereunder written;

AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs.
…………………… which the mortgagee has agreed on the mortgagor mortgaging his
property.

NOW THIS DEED WITNESSETH THAT in pursuance to the said agreement and in
consideration of the sum of Rs. ……………… at or before the execution of these presents
paid by the mortgagee to the mortgagor (the receipt whereof, the mortgagor doth
hereby admit and acknowledge and of and from the same hereby release and discharge
the mortgagee), the mortgagor hereby covenants with the mortgagee that he will pay
on the ………………… day of …………….. (hereinafter called “the said date”), the said sum of
Rs. …………….. with interest @ …….. % per annum from the date of these presents till the
repayment of the said sum in full, every quarter the first installment of interest to be
paid on the ………………. day of ………. 2000 and each subsequent installment on the
……………. day of July, October, January and April of each succeeding year until the said
sum is repaid in full.
AND THIS DEED FURTHER WITNESSETH THAT

In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his
house bearing municipal no …………….. situated on ………….. Road . …………………. and
more particularly described in the Schedule hereunder written as a security for
repayment of the said sum with interest @ ……………. per annum with the condition that
the mortgagor, his heirs, executors, administrators or assigns shall on the said the pay
to the mortgagee, his heirs, executors, administrators or assigns the said sum of Rs
………….. together with interest thereon at the rate mentioned above, the said
mortgagee, his heirs, executors, administrators, or assigns shall at any time thereafter
upon the request and at the cost of the mortgagor, his heirs, executors, administrators
or assigns reconvey the said house, hereinbefore expressed to be mortgaged unto or to
the use of the mortgagor, his heirs, executors, administrators or assigns or as he or they
shall direct.

AND IT IS HEREBY AGREED AND DECLARED that if the mortgagor does not pay the
said mortgage amount with interest when shall become due and payable under these
presents, the mortgagee shall be entitled to sell the said house through any competent
court and to realise and receive the said mortgage amount and interest, out of the sale
proceeds of the house.

AND IT IS FURTHER AGREED AND DECLARED by the mortgagor that during the period,
the mortgage amount is not paid and the said house remains as a security for the
mortgage amount, the mortgagor shall insure the said house and take out an insurance
policy in the joint names of the mortgagor and mortgagee and continue the said policy
in full force and effect by paying premium and in case of default by the mortgagor to
insure or to keep the insurance policy in full force and effect, the mortgagee can insure
the said house and the premium paid by the mortgagee will be added to the mortgage
amount, if not paid by the mortgagor on demand.

AND IT IS FURTHER AGREED THAT the mortgagor can grant lease of the said house
with the consent of the mortgagee in writing.

AND IT IS FURTHER AGREED BY THE MORTGAGOR that he shall bear stamp duty,
registration charges and other out of pocket expenses for the execution and
registration of this deed and re-conveyance deed but however each party will bear cost
 and professional charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first
hereunder written.

The Schedule above referred to

Signed and delivered by X the within named mortgagor

Signed and delivered by Y the within named mortgagee

WITNESSES;

1.

18 Exchange Deed

EXCHANGE DEED

This deed of Exchange is executed at on this the day of 2004

BETWEEN
1. S/o.
Residing at No. hereinafter called the
PARTY OF THE FIRST PART;
AND
S/o
Residing at No.
hereinafter called the PARTY OF THE SECOND PART;

Whereas, the term the First Party and the Second Party unless repugnant to the context
shall mean and include their representatives heirs, successors, executors,
administrators, trustees, legal representatives and assigns.
Whereas, the First Party herein, is the sole and absolute owner of immovable property
more fully described in the First Schedule hereunder written and herein after called the
First Schedule property.
Whereas, the First Party is the absolute owner, having acquired the First Schedule in
and by sale deed dated
From Thiru. And the said sale deed was registered as
Document No. of of Book 1 on the file of the Sub Registrar of
………………………….. and since then First Party has been in possession and enjoyment of
the First Scheduled property and paying taxes and levies thereon, as sole and absolute
owner thereof.
Whereas, the Second Party is the absolute owner, having acquired the Second Schedule
in and by sale deed dated from Thiru. and the said sale deed
was registered as Document No. of of Book 1 on the file of the Sub Registrar
of ………………………….. and since then Second Party has been in possession and
enjoyment of the Second Scheduled property and paying taxes and levies thereon, as
sole and absolute owner thereof.
Whereas it has been agreed between the parties hereto to exchange their respective
properties viz. First scheduled property written here under unto and to the use of the
Second Party in consideration of the Second Scheduled property here under written
unto the use of First Party.
Where as the parties here to have now agreed to execute this deed of exchange.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the party of the Second Part conveying to the party of the First Part,
the Second Scheduled property hereunder written and Second Party hereby grant and
convey by way of exchange unto the party of the First Part absolutely and for ever all
that piece and parcels of the property described in the Second Scheduled together with
all he liabilities, easements, profits, privileges, advantages, rights, members and
appurtenances whatsoever of the said Second Scheduled property and also together
with all the deeds, documents, writings and other evidences of title relating to the said
Second Scheduled property and all the estate, right, title, interest, use, possession,
benefit, claim and demand whatsoever, both at law and in equity of the party of the
First Part TO HAVB AND TO HOLD the said Second Scheduled property hereby granted
and conveyed by way of exchange unto and to the use and benefit of the party hereto of
the First Part subject to payment of all rents, taxes, assessments, rates, duties, now
chargeable upon the same or which may herein after become payable in respect thereof
to the local authority.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the party of the First Part conveying to the party of the Second Part
the First Scheduled property hereunder written and First Party hereby grant and
convey by way of exchange unto the party of the Second Part absolutely and for ever all
that piece and parcels of the property described in the First Scheduled together with all
the liabilities, easements, profits, privileges, advantages, rights, members and
appurtenances whatsoever of the said First Scheduled property and also together with
all the deeds, documents, writings and other evidences of title relating to the said First
Scheduled property and all the estate, right, title, interest, use, possession, benefit,
claim and demand what30ever, both at law and in equity of the party of the Second
Part TO HAVE AND TO HOLD the said First Scheduled property hereby granted and
conveyed by way of exchange unto and to the use and benefit of the party hereto of the
Second Part subject to payment of all rents, taxes, assessments, rates, duties, now
chargeable upon the same or which may herein after become payable in respect thereof
to the local authority.

THAT each of the parties of the First and the Second Part mutually covenants with the
other that;

He has now in himself, absolute right, full power and absolute authority to grant the
scheduled property hereby granted or assured or intended to be by him unto and to the
use of the other party in manner aforesaid.

That the other party shall and may at all times hereafter peacefully and quietly enter
upon have occupy, possess and enjoy the scheduled property conveyed to him and
receive the profits thereof and for his own use and benefit without any suit, eviction,
interruption, claim or demand whatsoever from or by him the covenanting party or his
 heirs, or any of them or any persons lawfully or equitably claiming or to claim by from
under or in trust for them or any of them.

The said scheduled property is free from all encumbrances, claim, and attachment of
whatsoever in nature.

Each covenanting party and all the persons having or lawfully claiming any estate or
interest whatsoever in the scheduled property is conveyed by him shall and will from
time to time and at all times herein after at the request and cost of the other of them do
and execute or caused to be done and executed such further and other acts deeds,
things, conveyances and assurances in the law whatsoever for the better and more
perfectly assuring the said land and premises conveyed to him by the other and every
part thereof unto and to the use of, the party to whom it is conveyed in the manner
aforesaid as by him his heirs, executors, administrators and assigns shall be reasonably
require.

FIRST SCHEDULE

(Property belongs to First Party exchanged to the Second Party)

Market value of the property is Rs.

SECOND SCHEDULE

(Property belongs to Second Party exchanged to the First Party)

Market value of the property is Rs.

IN WITNESS WHEREOF the First Party as well as the Second Party have signed on the
day, month and year first herein above written.

WITNESSES:

1. FIRST PARTY

2 SECOND PARTY

19 Caveat Petition

IN THE COURT OF HON’BLE CIVIL JUDGE, ____

_____ R/o ____

………….CAVEATORS
VERSUS

1- ____ son of _____ R/o ____

 2- ____ son of _____ R/o ____

………….RESPONDENTS

CAVEAT UNDER SECTION ___ OF CPC

Sir,

The caveator most respectfully submits as under:-

1- That the caveator are residing at present at the above mentioned address.
2- That the respondent No.1 filed a Suit for Permanent Injunction titled as ____ VERSUS
____ etc.” in the court of _____, Civil Judge, ____ against the caveators. The summons of
that case were duly received by the caveator and appeared before the Hon’ble court.
3- That on ____ the respondent No.1 withdraw the said civil suit from the court of _____
with the permission to file a Suit for Specific Performance of the contract against the
caveator.
4- That now the caveator have apprehension that the respondents may file any the suit
for specific performance against them appeal before the Hon’ble Civil Judge, ____ and
can obtain any stay against the caveators. If the respondents files the said suit against
the caveator in that event the caveator and/or their counsel _____ Advocate be
intimated before passing any order against the caveators.
PRAYER
It is, therefore, prayed that the caveat of the caveator may kindly be accepted and if the
respondents files the suit for Specific permanent & Permanent Injunction or any other
civil suit against the caveator in that event the caveator and/or __ counsel _____
Advocate be intimated before passing any order against the caveator against the
caveator in the interest of justice.

Dated CAVEATOR

____ R/o ____

THROUGH COUNSEL

_____, Advocate, _____

20 Agreement Relating to Deposit of Title Deeds

AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS

This Agreement of Deposit of Title deeds executed at this day of

by son of

residing at
hereinafter called the Mortgagor which term shall wherever the context mean and
include his heirs, executors, administrators, legal representative and assigns of the
one part;

n favour of w/o

residing at

hereinafter called the Mortgage which term shall wherever the context admits, mean
and include his heirs, executors, administrators, legal representative and assigns of the
other part;

Whereas the Mortgagor applied to the Mortgagee for a loan of Rs. for the
purpose of rice business that he is carrying on at . And Whereas the
Morgagee is willing to advance the loan if the Mortgagor would execute a promissory
note for the said amount and also deposit the title deeds of his immovable property as
collateral security for the due repayment of the principal and interest thereby creating
an equitable mortgage over the same; And whereas the Mortgagor has, this day,
executed a promissory note for Rs. Carrying an interest at % per annum in favour
of the Mortgagee.

Now this Agreement of Deposit of Title Deeds witnesseth that in consideration of the
sum of Rs. received by the Mortgagor from the Morgagee this day on the
promissory note of Rs. carrying interest at per annum executed this day by
the Mortgagor in favour of the Mortgage and as security for the payment of the said
sum of Rs. with interest due thereon, the Mortgagor has, this day, deposited with the
Morgagee, the Title Deeds more fuly described in Schedule B in respect of his property
more fully described in the Schedule A hereunder as collateral security thereby
intending to create an equitable mortgage over the same in favour of the Morgagee.
The Mortgagor, hereby, covenants that the said property is not subject to any
mortgages, lien, charge or any other kind of encumbrance whatsoever and that he, the
Mortgagor, is the absolute owner of the same and is well and truly seized of the
property. The Mortgagor further agrees to keep the Morggagee indemnified against all
claims and demand whatsoever by any person lawfully or equitably claiming under
him and by any other person whatsoever.

Schedule “A”

( Description of Property )

Schedule ‘B”
 (List of documents deposited)

In witness whereof the Mortgagor has set his hand and signature on the day month and
year first above written in the presence of: -

WITNESS MORTGAGOR

21 Lease Deed

THIS DEED OF LEASE made at …………….. this …………….. day of …………….., 2000,
between …………….. son of …………….. resident of ……………… hereinafter referred to as
“the Lessor” of the ONE PART and …………….. son of …………….. resident of ……………
hereinafter referred to as “the Lessee” of the OTHER PART.

WHEREAS the Lessor is the exclusive owner of piece of land bearing Plot No. ………………
situated at ……………………………………. ( more particularly described in the Schedule A
hereunder written ), hereinafter referred to as the demised premises.

AND WHEREAS the Lessor has agreed to grant to the Lessee a lease in respect of the
said premises for a period of ………….. years, vide Agreement of premises lease dated
………….. hereinafter referred to as “the said agreement” subject to terms and conditions
laid down in the said agreement.

AND WHEREAS the lessor has made out his marketable title to the demised premises
free from all encumbrances, claims or reasonable doubts.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. In pursuance of the said agreement and in consideration of the rent hereby granted
and the Lessee’s covenants hereinafter mentioned, the Lessor hereby demise unto the
lessee the demised premises, to hold the demised premises unto the Lessee (and his
heirs, executors, administrators and assigns) for a period of…………….. years
commencing from the …………….. day of …………….., 2000, at a yearly rent of the year for
which it is due, the first of such yearly rent shall be paid on …………….. and the
subsequent rent to be paid on or before the …………….. day of every succeeding year
regularly.

2. The lessee shall construct a suitable house and other structures on the demised
premises hereby demised according to and in conformity with the map or plans hereto
annexed, which has already been sanctioned by the Municipal Corporation of………………
within a period of one year from the date hereof.

3. The Lessee hereby agrees to the following covenants:

(a) To pay rent hereby reserved on the day and in the manner aforesaid to the lessor.

(b) To pay all taxes, cess, impositions, assessments, dues and 9, duties payable in
respect of the demised premises and the building to be constructed thereon to the
Government of ……………… or the Municipal Corporation or any other local authority or
public body.

(c) Not to sub-let, sell, dispose of or assign the demised premises or the house
constructed on the demised premises without the consent of the lessor in writing.

(d) To keep the building constructed on the demised premises in good and tenantable
condition.

(e) To permit the lessor or his duly authorised agent or agents to enter the demised
premises at all convenient times for inspection of the building.
(f) To insure and to keep insured the building that may be constructed on the demised
premises against the loss or damages by d fire, earthquake, riot or affray with an
insurance company approved in writing by the lessor in the joint names of lessor and
lessee for an amount which shall not be less than Rs. ………………

(g) To use the demised premises for construction of house which will be used for
residential purpose only.
(h) Not to use the demised premises or the building constructed or any part thereof for
any illegal purpose.

4. The Lessor hereby agrees to the following covenants:

(a) The lessor is absolutely seized and possessed of or otherwise well and sufficiently
entitled to the demised premises and is having full power and absolute authority to
demise unto the lessee the demised premises.

(b) The lessee shall peacefully and quietly hold, possess and enjoy the demised
premises, during the term of lease without any interruption, disturbance, claims or
demand whatsoever by the lessor or any person or persons claiming under him, subject
however, the lessee paying the said yearly rent on the due dates thereof and in the
manner herein provided and observing and performing the covenants, conditions and
stipulations herein contained and on his part to be observed and performed.

(c) Not to unreasonably withhold his consent to any sub-lease, transfer or assignment
of the demised premises, if intended to be made by the lessee.
5. It is hereby agreed that if default is made by the lessee in payment of the rent for any
three years, or in observance and performance of any of the covenants and stipulations
hereby contained and on the part to be observed and performed by the lessee, then on
each such default, the lessor shall be entitled in addition to or in the alternative to any
other remedy that may be available to him at his discretion, to terminate the lease and
eject the lessee from the premises demised and from the building, that may have been
constructed thereon; and to take possession thereof as full and absolute owner thereof,
provided that a notice in writing shall be given by the lessor to the lessee of his
intention to terminate the lease and to take possession of the demised premises but if
the arrears of rent are paid or the lessee comply with or carry out the co venants and
conditions or stipulations, within fifteen days from the service of such notice, then the
lessor shall not be entitled to take possession of the said premises and building.

AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

(a) On the expiry of the term hereby created and subject to the observance and
performance of the covenants, conditions and stipulations herein contained and on his
part to be observed and performed, the lessee will have the option to renew the lease of
the demised premises for a further period of ………….. years, provided he gives a notice
to the effect in writing by registered post to the Lessor of his intention to do so at least
three calendar months before the termination of the present lease; provided that the
rent payable by the lessee to the lessor during the extended time of the lease shall be
Rs. …………… per annum, which will include the rent of the demised premises and of the
building constructed thereon, which an the expiry of term of the lease, shall vest in and
be the absolute property of the Lessor as hereinabove mentioned. After the expiry of
the said period of …………….. years, the Lessee shall not be entitled to exercise further
option of renewal of the lease and shall deliver the demised premises and the building
constructed thereon to the lessor in good condition as hereinbefore provided.

(b) The Lessee shall be entitled to purchase the reversion during the subsistence of this
demise, in respect of the demised premises on the payment to the Lessor, a
consideration to be agreed upon between the Lessor and Lessee and the lessor shall
execute conveyance in respect of the reversion of demised premises purchased by the
Lessee in favour of the lessee or his nominee or nominees; provided that the lessee may
be entitled to purchase a portion or portion of the reversion in respect of any portion of
the demised premises, the rent hereby agreed to be paid by the Lessee to the Lessor
shall be proportionately reduced.

(c) On the expiry of the term hereby created or earlier determination under the
provisions hereof, the lessee will hand over the peaceful and vacant possession of the
demised premises and building constructed thereon to the Lessor in a good condition.

6. This Lease Deed shall be executed in duplicate. The original shall be retained by the
Lessor and the duplicate by the Lessee.

7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate
thereof shall be borne and paid by the Lessee.

8. The marginal notes and the catch lines hereto are meant only for convenience of
references and shall not in any way be taken into account in the interpretation of these
presents.

IN WITNESS WHEREOF, the Lessor has set its hand unto these presents and a duplicate
hereof and the Lessee has caused its common seal to be affixed hereunder and a
duplicate hereof on the day, month and year first hereinabove written.

The Schedule A above referred to

 Signed and delivered by the within named lessor

Signed and delivered by the within named lessee

WITNESSES;

1.

2.

22 Gift Deed

Gift Deed for an Immovable Property

THIS DEED OF GIFT IS MADE BETWEEN :-

Sh.________ s/o Sh._______ r/o __________ (hereinafter referred to as "the donor")

AND
Sh._________ s/o Sh._______ d/o _________ (hereinafter referred to as "the donee")

WHERE AS

The donor is the absolute owner and is in possession of the house situated at
________ having boundary description as under:

East: West: North: South

The donor and donee are related to each other as father and daughter.

That out of natural love and affection of the donor for the donee, the donor is desirous
of conveying the said property as gift to the donee.

That the donor has no other male child and has two daughters only

That the donee has been taking care of the donor in his old age.

That the donor is also living with the donee's family.

That the donor is of sound mind and is not under any intoxication, undue influence, or
coercion while making this gift deed.

NOW THIS GIFT DEED WITNESSES AS FOLLOWS:

1. In consideration of the natural love and affection of the donor for the donee, the
donor hereby transfers to the donee the said property, the estimated value of which is
Rs._________ (Rupees_______ only) to the donee to hold the same to the donee absolutely
forever.
2. The donee has accepted this Gift and has taken the physical possession of the said
property.

IN WITNESS WHERE OF, the donor gets and subscribes his signature and deliver in
 presence of the witness.

Date: (Signature of Donor)

Place: DONOR

(Signature of Witness)
WITNESS 1:
Name and Address

(Signature of Witness)
WITNESS 2:
Name and Address
ACCEPTANCE
Accepted by the said Donee.

(Signature of Donee)
DONEE
Name and Address

23 Adoption Deed

DEED OF ADOPTION

This Deed of Adoption executed by Son of hindu

aged about years and residing at
witnesseth as follows:-
Whereas I have no children and whereas I am fairly old and of opinion that I will not
have any issues hereafter and Whereas I desire to adopt a son for performing the
ceremonial rites after my death and succeed to my properties which are all self
acquired.
I, hereby, adopt son of residing at
aged about as my son. I have adopted the said as
my son with the full consent of his parents who are also related to me. Hereafter the
said shall be deemed to be my lawful son as per Hindu Law
and shall have the full right on my properties, movable and immovable, and shall
perform the obsequies after my death. This Deed of adoption is executed by me in a
sound disposing state of mind and out my own accord without the pressure of any
body. This adoption has also got full consent of my wife.
In witness whereof I have set my hand this the day of 2004.
Witnesses Executants

24 Partnership Deed

PARTNERSHIP DEED

This DEED OF PARTNERSHIP made this day of between

hereinafter called the partners of the first part and Second Part respectively

AND
A company registered under the provisions of the Companies Act 1956 and having its
registered office at hereinafter called the party of Third part

WHEREAS the Parties of First and Second Part by virtue of their partnership
deed dated have been carrying on the business of manufacturing and marketing
paints, colors and varnishes etc. under the name and style of with factories
at under the same name and style.

AND WHEREAS the Party of Third Part Viz. the company is formed with the
objects of manufacturing dealing and marketing in paints, varnishes, colors etc.

AND WHEREAS the Party of the Second Part has expressed its desire and
willingness through the director to enter into Partnership and parties
First, Second part have mutually decided that the Party of the third Part shall be taken
as Partner.

AND WHEREAS it is deemed necessary and desirable that a regular Deed of

Partnership be reduced in writing and executed on the terms and conditions
mentioned hereunder.

NOW THIS DEED WINTESSETH AS UNDER: -

1. The Partnership shall come into effect from and shall be for an indefinite
period unless it is determined.

2.That the name and style of the Partnership firm hereby formed shall be
with factories at under the same names and style or with branch or
branches at such place(s) as the parties may mutually decide.

3. That the business of the Partnership Firm hereby formed shall be that of
manufacturing and marketing of paints, colors and varnishes etc., as hereto before. The
parties may, however, with their mutual consent embark upon a new line or lines of
business and may open branch or branches or new factory.

4. That the amount standing to the credit of the personal accounts of the Parties of
First and Second Part in the books of above firm as on shall be treated as
contribution by them to the capital of the Partnership and the Party of the Third Part
shall bring Rs. as his share towards the capital of the firm.

5. That further finance required for the purpose of business of the firm shall be
contributed by the parties in such rate as may be mutually agreed upon. Interest at the
rate of or at a rate as may be mutually agreed upon between the parties from
time to time shall be allowed on the capital standing to his/her credit for the time being
in the books of the partnership.

6. That the regular accounts books shall be kept in due course of business in which
shall be faithfully recorded all the transactions enter into by the firm and such books
shall be closed on or/on any other convenient or auspicious day as may
be mutually agreed upon between the parties hereto from time to time.

7. That on closing the account books in the aforesaid manner, a regular profit & Loss
Account shall be prepared and a balance sheet shall be drawn up.
8. That the Profits & Losses shall be divided between and borne by parties hereto in the
following proportions:

Partner % of share in Profits and Losses

9. That the partners will be paid a Salary of Rs.2500/- per month for the services
rendered to the rim and they will also be entitled to a bonus @ 12% on their salary.

10. That all the assets and liabilities of the firm as on tangible or
otherwise, would be taken over by the Partnership at its book value and shall be
deemed to be assets and liabilities of this Partnership and all the Parties hereto will
have equal rights/liabilities thereon.

11. That all rights of the firm as on namely ISI marketing license, Trade
marks, Sales Tax registration, Telephone connections, Tenancy rights, Lease rights,
Ownership right etc. shall be deemed to be the rights of the partnership and all the
parties hereto will have equal rights/liabilities thereon.

12. That each partner shall: -

Diligently attend to the business of the Partnership and devote his/her necessary time
and attention thereto.

Punctually pay her/his separate debts and indemnify the other partner and the Assets
of the firm against the same and all expenses therefore.

Upon every reasonable request inform the other Partner of all letters, accounts,
writings and such other things which shall come to her/his hands or knowledge
concerning the business of the Partnership.

13.That neither Partner shall without the consent of the others: -

Lend any of the money or deliver upon credit any of the goods of the firm to any person
or persons whom the other Partners shall have previously in writing forbidden
her/him to trust.

Raise or advance any loan in the name of or on behalf of the firm.

Assign, charge or transfer her/his shares in assets or profits of the firm.

14. That the account in the name of the firm shall be opened with the Banks or
bankers as the Parties may mutually decide and the same shall be operated upon by the
Parties hereto singly.

15.That it will always remain open to the parties hereto to amend, annul or change any
term or terms of this Deed of Partnership in the course of its business and in that event
of amending, annulling or changing any term or terms of this deed of Partnership no
fresh deed shall be required to be executed.

16. That without prejudice to the above terms and conditions the parties hereto in all
other matters shall be governed by the provisions of Indian Partnership Act, 1932.

17. That all the disputes or differences arising out of it and connected with the
 Partnership shall be referred to the arbitrator in accordance with the Indian
Arbitration Act.

IN WITNESS WHRE OF, the parties of the first and Second parts here have
put their respective hands on this DEED OF PARTNERSHIP on the day, month and year
first mentioned above.

IN WITNESSES WHEREOF, the common seal of the Third Partner viz.

was pursuance to the resolution of the Board of Directors passed in that behalf on
here into affixed in the presence of and signed these presents in token
thereof in the presence of the Witnesses:

WITNESSESS: Partners

1.

3.

25 Partition Deed

THIS DEED OF PARTITION is made on the …….. day of ……………… amongst KK, son of
DD (called first party) ; RK, son of DD (called second party) ; SK son of DD (called third
party) and Smt. SD, wife of DD, deceased (called fourth party), members of a Joint
Hindu Family belonging to …………… caste, residing principally at ……………………………,
the ancestral home of the family.

WHEREAS DD, father of parties Nos. 1, 2 & 3 and husband of party No.4, died on
………………….. ;

AND WHEREAS the said DD was the Karta of the Joint Hindu family consisting of his
sons and wife and was possessed of properties mentioned in Schedule I to IV attached
to this deed ;

AND WHEREAS parties Nos 1 and 2 are living at ………………………… and both carry on
their separate business out of their separate funds, and the parties Nos. 1, 2 & 3 wish to
partition the joint-family properties so that no dispute should arise among them ;

AND WHEREAS at the well founded advice of the family friend Shri KC, Advocate, the
parties to this deed have put all the properties belonging to each of them separately
into the joint family hotchpotch, but excluding the business assets of parties Nos. 1 & 2
which are the result of their separate earnings; property in Schedule 1 valued at Rs.
……………….. and other properties in Schedules 2, 3 & 4 valued at Rs……………..

AND WHEREAS in consideration of the absolute or sole ownership acquired by each

party in respect of the allotment made to such party out of the hitherto joint property
and in consideration of the covenants hereinafter mentioned and agreed to by all the
aforesaid parties the said parties resolved to incorporate the terms of the partition in a
deed of partition.
NOW THIS DEED WITNESES AS FOLLOWS :

1. That the parties to this deed have agreed that the properties subject to partition are
of the value of Rs…………. and the value of the separated share shall be Rs………… each
which shall be the value for the purpose of stamp duty.

2. That the property mentioned in the Schedule 1 shall be retained by parties Nos 1 & 4
since they continue to live in that property as before and in lieu of the share in the
property of Schedule 1 parties Nos.1 and 4 shall pay to parties Nos. 2 and 3
Rs…………being their combined share and parties Nos. 2 & 3 have accepted the payment
of Rs………….. in lieu of their share in the property in Schedule 1.

3. That the parties Nos. 2 & 3 release their interest in the property of Schedule I and
convey to parties Nos 1 and 4 separately their right, title and interest thereon and
similarly parties Nos. 1 and 4 release their right, title, and interest in the properties
mentioned in the Schedules 2, 3 & 4, so that parties Nos. 1 & 4 and Nos.2 and 3
constitute the sole and absolute owners of the properties in Schedule 1 and in
Schedules II, III and IV respectively. The title deeds in respect of the items of the
property which are forthcoming have been delivered to each of the parties to whose
share the items of property relating to the title-deeds have been allotted.

4. That the original deed of partition shall be retained by party No. 1 for the purpose of
safe keeping and production before court or public.

5. That the parties have agreed that all the taxes and public charges in respect of the
allotted properties shall be borne by the parties themselves.

IN WITNESS WHEREOF the parties aforementioned have executed this deed of

partition on the date aforementioned.

Sd/- 1. KK

2. RK

Witness : 3. SK

1. ________________ 4. Smt. SD

DEED OF PARTITION BETWEEN MEMBERS OF A HUF (ANOTHER FORM)

THIS DEED OF PARTITION is made on the ………. Day of …… amongst AB, son of KL of
the first part (hereinafter called “Party No.1”) and CD, son of KL of the second party
(hereinafter called “Party No.2”), AND EF, minor son of KL, of the third party
(hereinafter called “Party No.3”) through GH, his mother and natural guardian AND GH,
widow of KL of the fourth part (hereinafter called “Party No.4”) AND MN, widow of RS,
son of KL of the fifty part (hereinafter called “Party No.4”) members of a joint Hindu
family belonging to …… caste, residing principally at … the ancestral home of the family
and actually at different places from time to time.

WHEREAS KL, the father of the party Nos. 1, 2 & 3 and the husband of party No.4 and
father-in-law of party No.5 died on ……. Leaving behind AB, CD and EF his sons and GH
his widow, and MN widow of predeceased son RS, as heirs ;

AND WHEREAS KL, was the karta of the joint Hindu family consisting of his sons and
wife and was possessed of items of properties mentioned in Schedules I to V excepting
Item No.3 in Schedule 1, item Nos. 2 and 3 in Schedule II and Item No.4 in Schedule V
attached to his deed ;

AND WHEREAS after the demise of KL party No.1 became and acted as the karta of the
said joint family and with the assistance of joint-family funds purchased a shop more
particularly described as Item No.3 in Schedule (in his own name and prices of land
more particularly described as item nos. 2 and 3 in Schedule II, the former in his own
name and the latter in the name of GH and a house more particularly described as Item
No.4 in Schedule V, in the name of Rs aforementioned ;

AND WHEREAS CD party No.2 is employed as ……. In and is at present posted at ……….. ;

AND WHEREAS RS was married to MN in ….. and having practiced as lawyer in the
town of …..for about 8 months only died on ……. Leaving behind MN as a widow ;

AND WHEREAS differences have arisen between the members of the family and
constant disputes crop up between MN and GH, which make it undesirable that the
members should continue to form a joint Hindu family ;

AND WHEREAS at the intercession of the friends of the members of the family, the
aforesaid parties have agreed to divide the joint family estate which GH, as guardian of
EF considers as beneficial to the interest of her minor son aforesaid and all the
properties of the family irrespective of the name in which the same has been purchased
or is recorded in revenue records equal in value, except that properties mentioned in
Schedule II are valued at only about Rs…………… while the total value of properties
mentioned in each of other Schedules is about Rs……………… and on lots being drawn in
the presence of all the parties picked out by EF the properties mentioned in Schedules
I, II, III, IV and V fell to the share of parties No.1,2,3,4 & 5, respectively but parties Nos.
1 and 5 agreed with the assent of the other parties aforementioned to interchange the
lots whereby properties in Schedule II were accepted to be taken by party No.1 and
those in Schedule V were accepted to be taken by Party No.5 ;

AND WHEREAS in consideration of the absolute or sole ownership acquired by each

party in respect of the allotment made to such party out of the hitherto joint property
and in consideration of the covenants hereinafter mentioned and agreed to by all the
aforesaid parties the said parties resolved to incorporate the terms of the partition in a
deed of partition.

NOW THIS DEED WITNESSES AS FOLLOWS :

1. Allotment. – Pursuant to the aforesaid agreement, the parties to this deed of

partition, hereby divide the joint-family property in five equal shares for which
purpose the same had been split up into five lots, each of such lot being incorporated in
a separate Schedule attached to this deed whereby the properties mentioned in
Schedules I, II, III, IV and V are assigned and allotted to parties Nos. 1,2,3, 4 & 5
aforementioned, respectively.

2. Acknowledgement. – The sum of Rs…………… has been paid by each of the said parties
Nos.3, 4 & 5 to the party No.2 (receipt whereof the party No.2 hereby acknowledges)
and party No.1 has executed a promissory-note for Rs…………….. payable with interest
at 6 per cent, in lieu of the sum of Rs………….. Payable by him to Party No.2.

3. Conveyance.—Each of the said parties hereby releases his interest in the properties
allotted to other parties and conveys to each of them separately his right, title and
interest therein so as to constitute each party to this deed the sole and absolute owner
of the property allotted to that party free and discharged from all claims and demands
of the others thereto or concerning therewith, as from the date of this deed. The title-
deeds in respect of the items of the property which are forthcoming have been
delivered to each of the parties to whose share the item of property relating to the title-
deed has been allotted, to have and to hold the said items of properties mentioned in
the said schedule unto each party respectively and enjoy the same in severally
absolutely and forever.

4. Covenants

(a) Further partition.—The parties aforementioned have agreed that this partition shall
not be open to challenge even if any debt due to any allottee is not realised or becomes
irrecoverable or any party is deprived of any property or part thereof by a stranger to
this deed, but reserves the right to each party to claim a further partition of any
property which may be found to be joint-family property but has not been included in
any of the Schedules attached to this deed.

(b) Partition deed. – The original deed of partition shall be retained by party No.1, a
true copy thereof signed by each party has been delivered to the other said parties who
shall be entitled to require production of the original from Party No.1, before any court
or public office or arbitrator or bank or insurance company, etc., if so desired.

(c) Payment of taxes, etc. – It has been further agreed that each party shall execute and
get registered, if necessary, any deed, document or receipt which he may be required to
do at the instance of any other party of this deed at a latter’s expense, in order to more
effectually assure the requisitioning party of any rights or title conferred on him under
this deed, or to get any property aforesaid mutated or entered in revenue or other
public records as being in the exclusive and absolute possession and ownership of the
party to whom the same is allotted under this deed.

IN WITNESS WHEREOF the parties aforementioned have executed this deed of

partition on the date aforementioned.

1. WITNESS _______________ (Sd.) 1. AB _______

(Sd.) 2. CD _______

2. WITNESS (Sd.) 3. GH as guardian on

behalf of her minor son EF.

(Sd.) 4. GH. ___________

(Sd.) 5. MN __________
26 Will

I A. B. s/o B. C, age 50 yrs, resident of 123 MG Road, Indore, MP, revoke all my previous
Wills and Codicils and hereby make this my Will and testament. It will take affect after
my death.

I further declare that I am in good mental health and in a sound condition of mind.

I appoint Sh…….and Sh……………..to be the executors and trustees of this my Will.

I have my wife…………[NAME], unmarried, major son…………[NAME]. and one married

daughter…………[NAME].

I own the following properties, (a) House……(b) Jewelry etc. (c) Shares in Companies
(d) saving and fixed deposit bank accounts with………bank………….branch and some
other movable and immovable assets.

I bequeath the following assets to my son (HERE write the description of properties)

I bequeath to my wife all the rest of my assets, including, the balance in my savings
bank account with the…………..bank……………..branch…………, cash and other movables
and immovable properties.

I direct that any amount that may be determined as payable by me by way of debts,
dues and liabilities, including direct and others taxes, charges, land revenue, costs, fees,
and expenses to be paid by my son.

IN WITNESS WHEREOF, I have to this my last Will set my hand this …………… day of
……………….

SIGNATURE OF TESTATOR

Signed by the above named testator in our presence at the same time and each of us
has in the presence of the testator signed hereunder as on attesting.

SIGNATURE………….

SIGNATURE………….

WITNESSES:

1. …………………(Name and Address)

2. …………………(Name and Address

27 CODICIL

I, AB etc., hereby declare this to be first codicil to my will dated the ______ day of
__________.
 WHEREAS by my aforesaid will I have appointed EF as one of the executors and
trustees and given him a legacy of Rs. _______ if he acts ;

AND, WHEREAS the said EF has died on ________________.

1. Now I hereby revoke the appointment of the said EF as one of the executors and
trustees of my will and appoint GH, etc., to be executor and trustee thereof in place of
the said EF.

2. I bequeath to the said GH a legacy of Rs. _______ if he acts as such executor and trustee
and I hereby revoke the legacy of Rs. ______ given to the said EF by the said will.

3. I hereby declare that my said will and all the provisions contained therein shall be
construed and take effect in all respects as if the name of the said GH where substituted
therein as an executor and trustee thereof for the name of EF.

4. In all other respects I hereby confirm my said will.

IN WITNESS WHEREOF I, the said AB have signed this codicil on the _______ day of ______
in presence of the witnesses hereunder who have attested the same in my presence.
(Sd.) __________
(AB)
Testator
Signed by the above-named testator as a codicil to his will dated ______ in our presence
at the same time and each of us has in the presence of the testator signed his name
hereunder as an attesting
Witnesses :
1. ________________
2. ________________

28 GENERAL POWER OF ATTORNEY

General Power of Attorney

TO ALL TO WHOM THESE PRESENTS SHALL COME

Know all men by these presents that I A.B s/o B. C. aged 40 yrs r/o 123, MG Road,
Indore, state as follows :-

Whereas I am personally unable to attend to the managerial and other affairs with
respect to my property No 555, AB Road, Indore, so I, hereby nominate and appoint
Sh…………….. S/o……………… R/o……………… as my true and lawful Attorney to act for and
on my behalf and I authorize and empower him to do the following acts, deeds and
things on my behalf :-

To lease, and rent the aforementioned property.

To demand, collect the rent due on the aforementioned property.

To manage and control my aforesaid property including collection of monthly rents,
from the tenants and issuance proper stamped receipts acknowledging the rent
received.
 To make applications, affidavits, documents etc., to the Govt. Deptt. and any other
concerned authorities, required for the managing of the aforesaid property and to do
all other acts, deeds and things in respect thereof.
To effect and carry out necessary repairs, additions, etc., in the said property as and
when may be desired, and for this purpose obtain all the necessary permissions and/or
sanctions, necessary from any appropriate authority.
To deal with Govt. deptt. and other local bodies for the purpose of any essential
facilities or amenities required to be provided in the building. He can sign all papers
and documents etc. for this purpose.
To pay all the taxes, Municipal levies and other taxes, which may be, required to be
paid.
To file any objections with Govt. deptt. or other local body of Government for any
purpose related with said property.
To engage valuer/Architects and/or to engage any Advocate or Attorney for the
purpose and or file or institute and legal action I court for the fulfillment of the
purpose.
AND GENERALLY TO DO ALL other acts, deeds and things, which my said attorneys
may deem fit and proper for the maintenance, upkeep of my property.
Provided that the said attorney shall not sell or transfer the ownership of the property
to any person.
Provided further that the said attorney shall keep true accounts of all activities
performed by virtue of this power of attorney.

AND
I hereby agree and undertake to confirm and ratify all and whatsoever my said
attorney shall do or purport to do by the virtue of this power of attorney,
.
IN WITNESS WHERE OF this deed is signed by me at ________on this ______day of_______

(Signature of the giver)

EXECUTANT

WITNESSES:
1. …………………
Name and Address of Witness 1

2. …………………
Name and Address of Witness 2

29 SPECIFIC POWER OF ATTORNEY

BY THIS POWER OF ATTORNEY, I ……………… son of ………………. resident of

…………………….. do hereby appoint ………………….. son of Shri …………………….…..resident
of ……………………… as my attorney for me and on my behalf to appear before the Sub-
Registrar of …………………………… and to present and lodge before him for registration of
the deed of conveyance dated the ……………. made between me and Shri
…………………….son of ……………….. resident of ……………………………. executed by me on the
……………………. to admit on my behalf the execution of the said deed of conveyance by
 me and receipt of sale consideration by me and to do any act, deed or thing that may be
necessary for effectively registering the said deed of conveyance.
AND I DO HEREBY agree to ratify and confirm all and whatever my said Attorney shall
or purport to do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have executed this power ……………. this …………. day of
…………………, 2000.
Signed and delivered by the within named
………………
WITNESSES;
1.
2.
Identified by me
( ) Before me
Advocate Notary Public

PROMISSORY NOTE
30

I, Sri._____________________ S/o. _________________________

promise to pay Sri.___________________ S/o.________________
_____________ or order, the sum of Rs.______ (Rupees ______________only)

Place:

Date: Signature.