IN THE COURT OF CIVIL JUDGE SENIOR DIVISION AT THANE

SUIT NO..of 2013

Priyanka J Bansal d/o

Age:.. Occupation:.
Address: 503/204, Padmavati Tower,
Balaji Nagar, Bhayander
District: Thane-401101

Plaintif
Vs.
M/s R.K Developers c/o .
Proprietor Firm,
Office Address: Shop No.13,
Radha Complex,
Ghod Bunder Road
Bhayander (East),
District: Thane 401101 ..
Respondent

Suit for relief under Maharashtra Ownership of Flats Act

1963 and for specific performance of Agreement to sell

The Plaintiff respectfully state as Follows:

1. The Plaintif aged ___ is a resident and citizen of India

residing at , Padmavati Tower, Balaji Nagar, Bhayander
District: Thane-401101
2. The Respondent resides at M/s R.K Developers, Proprietor
Firm, and Office Address: Shop No.13, Radha Complex,
Ghod Bunder Road Bhayander (East), District: Thane
401101 as stated in the agreement.
3. The Plaintif states that by an agreement dated the Eight
day of February, 2011 plaintif entered into an agreement
to sell which was duly signed by the Respondent (herein
after referred as Agreement) which is marked an annexed
as EXHIBIT A.
4. Plaintif states that Respondent agreed to sell flat bearing
no.4 in B wing on 6th Floor in Building known as RESHMA
APRATMENT

having

built-up

area

of

17.47

sq.mtrs

consisting of 1 Room and a Kitchen herein after referred as

said FLAT to the plaintif for sum of Rupees Two Lakhs.
5. As per the said agreement it was agreed that Respondent
agreed to handover the possession of the said flat to the

plaintif on or before 3rd day of July 2005, however subject

to the availability of cement , Steel or other building
materials, labour etc.
6. The plaintif has paid full amount of consideration through
cheque i.e. (i) Cheque no. 763337 of Rs.1,00,000 dated
3/7/2005 (ii) Cheque no. 763336 of Rs.25000 dated
3/7/2005 (iii) Cheque no. 763335 of Rs.75000 dated
3/7/2005.
7. As per clause 33 of the said agreement it was also agreed
that respondent shall bear and pay the charges towards
Stamp duty as may enforce and thereafter shall lodge this
agreement and the respondents agree to attend and admit
execution thereof and when required within the prescribed
time limit but the respondent neither in person nor through
an authorized agent appeared in the registration office to
attend execution with prescribed time limit.
8. Plaintif states that even after the summons issued by the
S.R.O of Registration office of Thane-4 to the respondent
under section 36 of the Registration Act to appear at
registration office marked and annexed as EXHIBIT B
the respondent till the date never answered to the

summons nor showed any willful diligence to register the

said agreement therefore the cause of arose.
9. The cause of action first arose on 8.11.2011, when the
Respondent fail to appear for proceeding of registration.
10.

The plaintif has been and still is ready and willing

specifically to perform the agreement on his part of which

the Respondent has had notice.
11.

Plaintif states that as per section 4 subsection (2) of

Maharashtra

Ownership

of

Flats

(Regulation

of

Construction, sale, Management and Transfer) Act, 1963

Provided

further

that,

on

presenting

document

for

registration as aforesaid if the person executing such

document or his representative, assign or agent does not
appear before the registering officer and admit the
execution of the document, the registering officer shall
cause a summons to be issued under section 36 of the
Registration Act requiring the executants to appear at the
registration office, either in person or by duly authorised
agent, at a time fixed in the summons if the executant fails
to appear in compliance with the summons, the execution
of the document shall be deemed to be admitted by him
and the registering officer may proceed to register the

document accordingly. If the executant appears before the

registering officer as required by the summons but denies
execution of the document, the registering officer shall,
after giving him a reasonable opportunity of being heard, if
satisfied that the document has been executed by him,
proceed to register the document accordingly.

12.

The subject property is situated at Village Goddev,

Taluka and District Thane, i.e.

in this honble courts

jurisdiction
14. The value of the subject-matter of the suit for the purpose
of jurisdiction is ................rupees and for the purpose of
court-fees

is

................rupees.]

PRAYER

The Plaintif therefore humbly prays that,

a) The Honble court may declare this agreement deemed to
be a registered agreement on part of Respondent as per
section 4 sub-section 2 of Maharashtra Ownership of Flats

(Regulation

of

Construction,

sale,

Management

and

Transfer ) Act, 1963

b) Or

Honble

Court

may

pass

and

order

to

appoint

administrator for registration.

c) Respondent may order to pay cost

And any other relief as the honble court deems fit in the interest of
Justice.

PLACE:
Signature of Advocate
DATE:

Verification
I Priyanka Bansal , Do hereby solemnly verify that the
contents from para no.___ to ____ are correct and true to
best of my knowledge , information and belief.

(signature)
PLAINTIFF/DEPONENT