IN THE COURT OF DURG DISTRICT COURT, BHILLAI,

CHHASTISGARH.

CIVIL SUIT No. ______ OF 2012

In the matter of :-
SOHAN …Plaintiff

Versus

MOHAN ...Defendant

INDEX

S.no. Particulars Pages

1. Memo of Parties

2. Suit for Specific Performance of Contract

3. Supporting affidavit

4. Vakalatnama

IN THE COURT OF DURG DISTRICT COURT, BHILLAI,

CHHASTISGARH.

CIVIL SUIT No. ______ OF 2012

In the matter of :-
SOHAN …Plaintiff

Versus

MOHAN ..Defendant
 MEMO OF PARTIES

Sohan S/o Dayanand ,

H. No. 123 Goodluck Apartment

Bhillai, Chhattisgarh. .. Plaintiff

Versus

Mohan S/o Rakesh Sharma

H. No.- 79, Anand Apartments,

Hyderabad ..Defendant

IN THE COURT OF DURG DISTRICT COURT, BHILLAI,

CHHASTISGARH.
CIVIL SUIT No. ______ OF 2012

In the matter of :-
SOHAN …Plaintiff
Versus

MOHAN ...Defendant

SUIT FOR THE BREACH OF PERFORMANCE OF CONTRACT

1. The Plaintiff is a citizen of India and resides at H. No. 123,

Goodluck Apartments, Bhillai, Chhattisgarh.

2. The Plaintiff and the Defendant are acquaintances for a long

time and they both engage in business dealings with one
another. Further, the Defendant was the owner of a customized
Volkswagen Polo motor car, and both the parties used to travel
 together in the same car. The Plaintiff even mentioned few
times to the Defendant that he is interested in the said car.

3. That on 01/11/2012 the defendant offered the

abovementioned car to Plaintiff in Rs. 5,00,000/- through post
and also mentioned that the offer only will remain open until
05/11/2012. Pertinently, it is submit here that the Plaintiff
received the abovementioned offer on 02/11/2012.

4. That on the same day i.e. 02/11/2012 the Plaintiff had to leave
for business purposes to Lucknow and the Plaintiff sent his
letter of acceptance to the Defendant from Lucknow to the
Defendant’s Business address i.e. Golden Building, Sulabh
Vihar, Kondapur, Hyderabad on 04/11/2012. It is important to
mention here that the Plaintiff and the Defendant used to
conduct their business dealings with another on the same
abovementioned address.

5. That the Plaintiff was in the belief that he has bought the
abovementioned car from the defendant on 04/11/2012
because the plaintiff sent his letter of acceptance before the
expiry date of the offer. Further, the plaintiff had full
confidence on the defendant that he will sell the car only to the
Plaintiff since they both knew each other for a long time as
business partners and had a mutual understanding since the
Plaintiff asked from the Defendant to buy the above-mentioned
car.
 6. That on 07/11/2012 the plaintiff came back from Lucknow and
received a letter sent by the defendant and after reading the
same, it turned out to be a letter of revocation, in which it was
mentioned that the Defendant already sold the car to a person
named Kamal on 02/11/2012 which came as a shock to the
Plaintiff, because the letter which was sent by the Defendant
dated 01/11/2012 and the same was received by the Plaintiff
on 02/11/2012 in which the Defendant mentioned that the
offer to buy the Car will remain open until 05/11/2012.

7. That the Defendant revoke the contract by selling the

abovementioned car to a third party namely Kamal, even
though the Defendant already gave a written affirmation to the
Plaintiff on 01/11/2012 that he will not sell the said car to
anyone before 05/11/20212.

PRAYER

It is therefore, most respectfully prayed that the Hon’ble Court

may be pleased to pass a decree order in favor of the Plaintiff
by directing the Defendant to hand over the possession of the
car to the Plaintiff, in the interest of justice.

Any other relief or remedy which this Hon’ble Court may deem
fit and satisfied may also be passed in favor of the Defendant
and the Plaintiff should be stopped for taking unfair advantages
over the Defendant.
VERIFICATION : -
 I, Mr. Sohan, the plaintiff herein, do hereby verify at New Delhi
on this day of 2012, that the contents of the above plaint from
Para No. 1 to No. 7 are true and correct based on my personal
knowledge and belief. Last Para is prayer to this Hon'ble Court.

Plaintiff

IN THE COURT OF DURG DISTRICT COURT, BHILLAI,

CHHASTISGARH.

CIVIL SUIT No. ______ OF 2012

In the matter of :-
SOHAN …Plaintiff

Versus

MOHAN ..Defendant

AFFIDAVIT

I, Sohan S/o Dayanand , H. No. 123, Goodluck Apartments,

Bhillai, Chhattisgarh, do hereby solemnly affirm and declare as
under:
1. That I am the petitioner in the above stated petition and well
conversant with the facts of the case.
2. That the contents of accompanying suit has been drafted and

filed under my instruction by my counsel. The same is read

 over to me and I have understood the same to be true and

correct to the best of my knowledge and belief and nothing has

been concealed thereof.

DEPONENT
VERIFICATION: -
Verified at Delhi, on this __ day of August 2012,
that all the contents of the above stated affidavit are correct and
true to the best of my knowledge and belief, no part of it is false
and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF DURG DISTRICT COURT, BHILLAI,
CHATTISGARH

Civil Suit No. _________ of 2012

IN THE MATTER OF

Sohan

Bhillai, Chhattisgarh 491001………………. Plaintiff

Versus

Mohan

Kondapur, Hyderabad 500084 ……………. Respondent

(Written statement on behalf of the Respondent under Order VIII

Rule 1)

The Respondent respectfully states as follows:

1. Para 1 of plaint is admitted and needs no reply.

2. Para 2 of plaint is admitted and needs no reply.

3. Para 3 of plaint is admitted and needs no reply.

4. Para 4 of plaint is admitted and needs no reply.

5. In reply of Para no. 5, the Plaintiff already had received the offer
on 02/11/2012 but he didn’t send his acceptance to the Defendant
on the same day. The Defendant was in the impression that he
would receive the acceptance immediately because of the prior
interest of Plaintiff in the above-mentioned car. Moreover, the
Plaintiff should not have been in the belief that he has bought the
above-mentioned car as he should first have sent his letter of
acceptation to the Defendant.

6. In reply of Para no. 6, the Defendant already posted to the Plaintiff

a revocation of his offer on the same day i.e., 02/11/2012 which
was delivered to the Plaintiff’s address on 03/11/2012 which is the
day before the Plaintiff posted an acceptance of the offer i.e.,
04/11/2012. Also, the Defendant sold the car to Kamal as he didn’t
make any promise to the Plaintiff that the car will be sold only to
him and when he received an offer before the Plaintiff, he sold the
car to Kamal on 02/11/2012. In addition, the offer deadline which
was 05/11/2012 was the date in general and not for a specific
person.

7. In reply of Para no. 7, that the Defendant has not revoke the
contract as he informed the Plaintiff about the revocation of his
offer beforehand on 02/11/2012. The written affirmation given by
the Defendant was to inform the Plaintiff personally about the offer
as they are acquaintances for a long time, and he didn’t make any
statement that he will not sell the said car to anyone before
05/11/2012.
 PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be

pleased to:

a) Dismiss the suit of the Plaintiff.

b) Pass any other just and equitable order as deemed fit in the interest
of justice.

VERIFICATION

In the above-named Defendant do hereby verify that the contents of the

para no. 1,2,3 and 4 are true to my knowledge and the contents of the
remaining paras are according to the legal advice from my advocate
which I believe to be true.

Defendant

Jahanwi Singh