[GENERAL INSTRUCITONS] Mr.

Aayush Modi

GENERAL INSTRUCTIONS FROM CLIENT

(Respondent)

CLIENT: AAYUSH MODI

COUNSEL: URVI BHARDWAJ
DATE:21/06/2021

NATURE OF DATES DETAILED INSTRUCTIONS

INSTRUCTIONS BY THE ASSOCIATED
CLIENT (IF ANY)
ADVERTISEMENT OF THE 20/03/2021  Mr. Rahul Pawar had published
SALE OF LAND BY Mr. advertisement for the sale of his
RAHUL PAWAR 13 acres of land in the Times of
India Newspaper.

 Description of the land: Survey

No.- 7(13 Acres Land), Amravati
Taluka, Amravati- Maharashtra

 Owner of the land: Mr. Rahul

Pawar

REACHING OUT TO MR. 25/03/2021  My client reached out to Mr.

RAHUL PAWAR ABOUT Pawar expressing interest with
THE ADVERTISEMENT respect to acquiring the
aforementioned property.

NEGOTIATION ON THE 26/03/2021-  After deliberation with Mr.

PRICE OF THE LAND(PER 29/03/2021 Pawar, my client settled at a
ACRE) negotiated price of 7 lakh rupees
per acre
PURPOSE OF BUYING 26/03/2021
THE LAND AS AN IMPLIED  During the above mentioned
CONDITION negotiation, it was made clear to
Mr. Pawar by my client that this
buying of land is with a purpose
of farming and especially for
water intensive crops.

 The primary interest of my client

to cultivate crops such as cotton
and soyabean was made
abundantly clear to Mr. Rahul to
which Mr. Rahul assured my
client of the required fertility of
the land.
 [GENERAL INSTRUCITONS] Mr. Aayush Modi

 This was one of the premises on

which my client was ready to buy
the land.

 This condition can be said to be

an implied condition.

NOC (NO OBJECTION 30/03/2021  An NOC was issued which

CERTIFICATE) verified Mr. Rahul’s legal
entitlement to the property.

AGREEMENT FOR SALE 1/04/2021  After, that there was mutual

OF LAND
consent on the mode (Bank
account transfer) and dates of
instalment. The series of
transaction established by mutual
consent of the parties is as
follows-
 Total Payment- 13*7= 91 Lakh
rupees to be made in 4 equal
instalments i.e rupees 22 Lakhs
75 thousand rupees each.
 1st instalment to be
completed on 10/4/2021
 2nd instalment to be
completed on 17/4/2021,
 3rd instalment on
25/4/2021.
 4th installment to be
completed on 1/5/2021.

AN ESSENTIAL Till the  As per a mutual understanding,

CONDITION payment of Mr. Pawar had promised to
PRECEDENTTO BE second install fencing around the land by
FULFILLED BY MR. installment the date of second installment.
PAWAR (17/4/2021)
 [GENERAL INSTRUCITONS] Mr. Aayush Modi

MISREPRESENTATION  As per the testing of the soil, the

ABOUT THE FERTILITY results of which came on
OF THE LAND 23/04/2021, it was made clear
that approximately 4 acres of the
land was relatively unfertile
rendering it useless for water
intensive cultivation.
BREACH OF CONDITION
PRECEDENT OF THE  The fencing of the land was also
CONTRACT not completed by the due date.

WITHOLDING OF  On the above two ground, Mr.

SUSEQUENT PAYMENT Pawar has clearly acted in bad
OF INTSTALLATION faith i.e.,
 By not disclosing to my
client of the true status of
the fertility of the land.
 By failing to install the
fencing around the land.

RELIEF SOUGHT BY MY  There is breach of duty on part

CLIENT of Mr. Pawar rendering it to be
an instance of misrepresentation
as per s. 18(Indian Contracts
Act, 1872). My client seeks
explanation of the other party in
this regard.
 Morever, the conditions predent
of installing the fencing is also
not completed by Mr. Pawar.
 Hence, on the account of breach
of duty , my client seeks the
return of intial installation as per
s. 73 of the Act.