Bharati Vidyapeeth’s ( Deemed to be University) New Law College, Pune

PLAINT & WRITTEN STATEMENT

Civil Procedure Code of 1908

Submitted by-
NAME- Aditya Singh Yadav
ROLL NO.- 32
DIVISION- B
CLASS- BBA LLB (Sem. VII)

Submitted to-
ADV. CHAITANYA MARNE SIR
 IN THE COURT OF THE HON’BLE CIVIL JUDGE SENIOR DIVISION
PUNE AT PUNE

Civil Suit No. __ of 2024

IN THE MATTER OF:

ABC
Age- 34 years, Occupation- Business,
Residing at Rambaug Society, Kothrud
Pune.
M- 99888XXXXX

…Plaintiff

VERSUS

XYZ
Age- 33 years, Occupation- Real estate developer,
Residing at Vakil Nagar, Erandwane,
Pune.
M- 97777XXXXXX

… Defendant

SUIT FOR CANCELLATION OF SALE DEED AND OTHER

CONSEQUENTIAL RELIEFS
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff, ABC, is the absolute and lawful owner of all that piece and
parcel of land bearing City Survey No. 88, admeasuring 00 H 08 Ares, situated
at Village Kothrud, Taluka Haveli, District Pune, within the local limits of Pune
Municipal Corporation, which is more particularly described in the Schedule
below (hereinafter referred to as the "said property").

2. That the Defendant, XYZ, residing in Pune, has participated in the current
transaction as the buyer of the aforementioned property.

3. That the plaintiff holds an undisputed and unchallenged title to the property,
free from any conflicting claims or encumbrances on ownership.

4. That the Plaintiff, due to facing severe financial difficulties, was compelled to
sell the property in question to obtain immediate funds. Following discussions
with the Defendant, XYZ, a businessman acquainted with the Plaintiff, both
parties reached an agreement wherein XYZ agreed to purchase the property.
The sale price was settled at Rs. 1,50,00,000/- (Rupees One Crore Fifty Lakhs
only), and a formal sale deed was subsequently executed between them.

5. That On 11.08.2023, the Plaintiff and the Defendant entered into a sale
agreement concerning the specified property. A copy of the sale agreement
dated 15th August 2023 is attached hereto as Annexure A. The Defendant was to
remit the payment through a series of 10 post-dated cheques, the particulars of
which are outlined as follows:
o Cheque No. A1 dated 30th September 2023 for Rs. 20,00,000/-
o Cheque No. A2 dated 15th October 2023 for Rs. 10,00,000/-
o Cheque No. A3 dated 31st October 2023 for Rs. 15,00,000/-
o Cheque No. A4 dated 15th November 2023 for Rs. 25,00,000/-
o Cheque No. A5 dated 30th November 2023 for Rs. 10,00,000/-
o Cheque No. A6 dated 15th December 2023 for Rs. 15,00,000/-
o Cheque No. A7 dated 31st December 2023 for Rs. 10,00,000/-
o Cheque No. A8 dated 15th January 2024 for Rs. 20,00,000/-
o Cheque No. A9 dated 31st January 2024 for Rs. 10,00,000/-
o Cheque No. A0 dated 15th February 2024 for Rs. 15,00,000/-
6. That the Plaintiff transferred possession of the specified property to the
Defendant on the understanding that the cheques would be honoured according
to the mutually agreed-upon timeline.
7. That it is the Plaintiff's assertion that, from the total of 10 cheques issued by the
Defendant, only the initial two cheques—dated 30.09.2023, and 15.11.2023
were successfully processed, amounting to Rs. 30,00,000/- (Rupees Thirty
Lakhs only). Conversely, the remaining seven cheques, which totalled Rs.
1,20,00,000/- (Rupees One Crore Twenty Lakhs only), were rejected by the
bank due to a lack of sufficient funds.

8. That on 05.04.2024, the Plaintiff was informed by the bank regarding the
dishonour of the aforementioned cheques.

9. That subsequently, the Plaintiff promptly sent a legal notice to the Defendant on
05.04.2024, requesting the payment of the outstanding balance within a period
of 15 days. A copy of the legal notice dated 05.04.2024, is attached herewith as
Annexure B. Notwithstanding the receipt of this notice, the Defendant has failed
to adhere to the payment terms. The postal receipts and acknowledgments are
provided as Annexure C.

10.That the refusal to honour the cheques and the inability to settle the outstanding
amount of ₹1,20,00,000/- constitutes a significant violation of the sale deed
executed on 20.07.2023. Consequently, the Plaintiff finds themselves with no
alternative but to regard this violation as essential and substantial, thereby
making the sale deed voidable at the Plaintiff’s discretion.

11. That due to the defendant's wilful misconduct, the plaintiff has suffered
financial losses because the defendant's failure to honour the cheques resulted in
the plaintiff missing investment opportunities and incurring increased
borrowing costs due to urgent financial obligations which costed him Rs.
3,00,000/- ( Rupees three lakhs only).

12. That the breach of contract has resulted in reputational harm, affecting
plaintiff’s ability to conduct business in the future.
13.That the cause of action for this suit originated on 11.08.2023, being the date of
execution of the sale deed, and was further sustained upon the dishonour of
post-dated cheques, with the final instance of dishonour occurring on
15.02.2024.

14.That the Plaintiff has assessed the value of the suit at Rs. 1,50,00,000/- (Rupees
One Crore Fifty Lakhs only) for the purpose of jurisdiction, and has duly
affixed the required court fees.

15.That this Hon'ble Court possesses the authority to hear this matter, as the
property in question lies within its territorial boundaries, and the cause of action
transpired within its jurisdiction.

PRAYER
That in view of the facts and circumstances mentioned above, the Plaintiff prays
that this Hon'ble Court may be pleased to grant the following reliefs:

a) Declare that the sale deed dated 11.08.2023 executed between the Plaintiff
and the Defendant is null and void due to the material breach by the
Defendant.
b) Direct the Defendant to restore the possession of the said property to the
Plaintiff.
c) Grant a decree for compensation amounting to Rs. 1,20,00,000/- (Rupees
One Crore Twenty Lakhs only) for the breach of contract by the Defendant,
along with interest at the rate of 12% per annum from the date of default till
the realization of the amount along with damage of Rs. 3,00,000/- (Rupees
three lakhs only) incurred by the plaintiff due to urgent financial obligations.
d) Award the costs of the suit to the Plaintiff.
e) Grant such other and further reliefs as this Hon'ble Court deems just and
proper in the interests of justice and equity.

PUNE PLAINTIFF
DATED: 7.06.2024
 THROUGH
HARVEY SPECTER
Advocate
Email:
M:

SCHEDULE OF THE SAID PROPERTY

This document pertains to a specific parcel of land measuring 00 hectares and

08 ares (equivalent to 800 square meters), identified by City Survey No. 88.
The land is located in Village Kothrud, within Taluka Haveli, District Pune,
and falls under the jurisdiction of the Pune Municipal Corporation. It is
within the boundaries of the Pune Registration District and the Taluka Haveli
Sub-district.
The land is defined by the following boundaries:
 East Side: Adjacent to the property designated as Plot No. 89
 West Side: Bordered by the property known as Plot No. 87
 South Side: Back of an green park
 North Side: Adjoining the property known as Plot No. 86
 VERIFICATION

Verified at Pune on this 7th day of June, 2024, that the contents of paragraphs 1 to
14 of the Plaint are true and correct to my knowledge, while the contents of the last
paragraph are a prayer clause to this Hon'ble Court.

PLAINTIFF
 IN THE COURT OF THE HON’BLE CIVIL JUDGE SENIOR DIVISION
PUNE AT PUNE

Civil Suit No. __ of 2024

IN THE MATTER OF:

ABC
Age- 34 years, Occupation- Business,
Residing at Rambaug Society, Kothrud
Pune.
M- 99888XXXXX

…Plaintiff

VERSUS

XYZ
Age- 33 years, Occupation- Real Estate Developer,
Residing at Vakil Nagar, Erandwane,
Pune.
M- 97777XXXXXX

… Defendant

WRITTEN STATEMENT ON BEHALF OF DEFENDANT- XYZ

MOST RESPECTFULLY SHOWETH:
A. PRELIMINARY OBJECTIONS
1. That, at the outset, it is respectfully stated that every assertion, allegation, and
claim made by the Plaintiff in the plaint is categorically refuted. The Defendant
emphatically contends that no allegation, statement, or claim within the current
suit shall be regarded as accepted, except for those that have been explicitly
acknowledged as true and correct. It is urged that this response be regarded as a
specific denial.
2. That it is additionally asserted that the Plaintiff has presented their case to this
esteemed Court while harbouring unclean hands, deliberately omitting essential
and significant facts that are crucial to the matter at hand.

3. That the Defendant contends there exists no legitimate cause for action that
warrants the initiation of the current lawsuit, thereby making the Plaintiff's
claims lacking in substance and subject to dismissal.

4. That the Defendant contends the Plaintiff's entire case relies on false
representations, categorizing it as a mere concoction that warrants immediate
dismissal under the Doctrine of Clean Hands.

5. That the Defendant known as XYZ is a prominent organization specializing in

real estate transactions, with its operations main office at platinum plaza,
Erandwane. The Defendant boasts substantial knowledge and proficiency in the
field of property dealings.

6. That for the past twelve years, the defendant has conducted their business
without any history of default, consistently maintaining a reputable standing and
clear title over an extended period.

7. That the Defendant maintains the prerogative to present supplementary

arguments or additional pleadings as considered appropriate by this esteemed
Court.

B. REPLY ON MERITS
1. That the contents of Paragraph 1 & 2 of the Plaint are acknowledged and
accepted as part of the official record, and therefore, do not necessitate an
exhaustive response.

2. That the Defendant firmly contests the claims articulated in Paragraph 3 of the
Plaint, particularly the assertion that ABC represented a clear and marketable
title to the property in question. The Defendant contends that ABC made
representations assuring that there were no claims against the property;
however, these assurances have proven to be misleading.

3. That it is further submitted that after the execution of the sale deed, the
Defendant became aware that ABC was not in actual possession of the property.
Additionally, it has come to light that an ongoing civil litigation in Pune Court
challenges ABC's title to the property. This concealment of critical information
constitutes a significant misrepresentation on the part of ABC.

4. That it is further emphasized that ABC had assured the Defendant that any
future claims concerning the property would be addressed by ABC at their own
expense. Nonetheless, the Defendant has since learned that ABC has neglected
to undertake the necessary actions, thereby undermining the foundation of the
sale agreement.

5. That the Defendant contests the assertions made in Paragraph 4 of the Plaint,
insisting that the title to the property was duly transferred to XYZ upon the
execution of the sale deed on 11.08.2023. The cancellation of this sale deed is
not permissible under law, as the transfer of title has been properly executed.
6. It is asserted that any outstanding consideration is contingent upon ABC
rectifying the existing issues by addressing the pending claims and ensuring
actual possession of the property is conveyed to the Defendant. Until such
rectification occurs, the Defendant is not obligated to make any additional
payments.

7. The contents of Paragraph 5 of the Plaint are categorically denied in their

entirety. The Defendant insists that ABC is legally bound to provide both a
clear title and possession, as per the terms of their agreement. Any failure to
fulfill this obligation constitutes a breach of contract.

8. The claims in Paragraph 5 of the Plaint are unequivocally rejected and entirely
denied. The Defendant asserts that ABC's claims regarding possession are
unfounded, particularly in light of the ongoing litigation that disputes their title.

9. The assertions made in Paragraph 7 of the Plaint are baseless, and the Defendant
denies all allegations relating to non-payment. The Defendant reiterates that any
payment obligations are contingent upon ABC resolving the claims against
them.

10.The allegations in Paragraph 9 of the Plaint are denied and deemed false. The
Defendant maintains that ABC lacks any legal justification to unilaterally annul
the sale deed without first addressing the issues that have arisen.

11.The contents of Paragraph 10 of the Plaint are deemed inaccurate and are thus
denied. It is explicitly contended that the Defendant has acted in good faith
throughout this transaction, contrary to the claims put forth by the Plaintiff.
12.The assertions made in Paragraph 13 of the Plaint are categorically rejected.
The Defendant maintains that no legitimate cause of action exists for the
Plaintiff's claims, rendering the suit meritless and warranting its dismissal.

13.That the defendant has demonstrated genuine intent to acquire the property by
making adequate payments to the plaintiff, as clearly outlined in the legally
binding sale deed. In light of this, the possession of the property should now be
returned to the defendant in accordance with the settled terms.

14.The contents of Paragraph 13 & 14 of the Plaint are disputed and denied, due to
plaintiff's deliberate attempt to conceal critical and substantial facts regarding
the ownership of the property renders their case unsustainable and unfit for
consideration by this Hon’ble Court.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased
to pass order while :

a. Declare that the Defendant owes no further payment until ABC resolves the
pending issues and delivers possession.
b. Award the costs of the proceedings to the Defendant.
c. Declare that the property title has validly transferred to XYZ, and
cancellation of the sale deed is unjustified.
d. Grant any other reliefs that the Hon'ble Court considers just and appropriate
under the circumstances.
 e. Dismiss any further claims from the Plaintiff on the same grounds

PUNE DEFENDANT

DATED: 08.07.2024

THROUGH

MIKE ROSS

Advocate
Email:
M:

VERIFICATION:-
Defendant does hereby verify that the contents of all parts of the preliminary
objection of the written statement and all Paras of reply on merits are true and
correct to the best of my knowledge and as verifiable from the records of the case.
The last Para is Prayer before this Hon’ble Court.
Verified on this the 8TH day of July 2024 at Pune

DEFENDANT