End Semester Online Examination: Oct-Nov 2021 Drafting, Pleading and Conveyancing

GUJARAT NATIONAL LAW UNIVERSITY

GANDHINAGAR
Course: Clinical-1 (Drafting, Pleading and Conveyancing)
Semester- IX (Batch: 2017-22)

End Semester Online Examination: Oct-Nov 2021

Date: 01st November, 2021

Duration: 8 hours Max. Marks: 40
Instructions:
● The respective marks for each question are indicated in-line.
● Indicate correct question numbers in front of the answer.
● No questions or clarification can be sought during the exam period, answer as it is, giving reason, if any.
_____________________________________________________________________________________________
Marks
Q.1 M/s. JAIN HOUSING, a Partnership Firm having its office at No. 11. Somasundaran (40)
Street, T Nagar, Chennai acting through its Partner Mr. SANDEEP MEHTA,
aggregated lands from various persons/entities as detailed below for the purpose of
constructing a residential complex consisting of 7 high rise towers (Block A to G) and
each tower with 17 floors, and each floor with 8 apartments, each apartment measuring
about 1771 sq. ft. at No.133, OMR Road, Chennai – 603 103 under the name and style
of Jains Inseli Park.

Formerly. land of an extent of 1 acre 99 cents (comprising of 1 acre 51 cents in S.No. 478
and 48 cents. in S.No. 492/7) Padur was owned by minor B. Lokesh who acquired the
same under a Sale Deed dated 12.07.1985 registered as Doc. No. 2586 1985. His parents
and guardians Mr. S. Bhaskaran and Mrs. B. Kalaivani had obtained orders dated
24.07.1995 permitting sale of the property in O.P. No. 3971995. By the High Court of
Madras. Pursuant to the said order, by a Sale Deed dated 21.08. 1995 registered as Doc.
No. 2261/1995. the said minor B, Lokesh, represented by his guardians Mr. S. Bhaskaran
and Mrs. B. Kalaivani, sold the said extent of l acre and 99 vents to Ms Kaveri
Engineering Industries Limited.

Land of an extent of I acre 43 cents (comprising 22 cents in S.No. 495/2. 6 cents in

S.No. 495/3, 55 cents in S.No. 500, 27 cents in S.No. 503/3 and 33 cents in S.No. 501/1)
was owned by Mr. K.S. Dharmarajan who acquired the same under two sale Deeds Doc.
No.1416/1956 dated 24.10.1956. and Doc. No.1587/1955 dated 22.12.1955. By a Sale
Deed dated 15.06.1995 registered as Doc.No. 2262/1995, Mr. K.S. Dharmarajan
represented by his agent Maruthi Estates sold the said extent of 1 acre 43 cents to M/s.
Kaveri Engineering Industries Limited.

Land of an extent of 4 acres 79 cents comprising of 24 cents in S.No.492/5, 36 cents in

S.No.492/4; 70 cents in S.No. 492/8, 60 cents in S.No. 492/9, 45 cents in S.No. 492/10;
98 cents in S.No. 492/11; 33 cents (together with Well) in S.No. 496; 21 cents in S.No.
494; 47 cents in S.No. 491/3; 10 cents in S.No. 498/2; 20 cents in S.No. 506/1 and 15
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cents in S.No.506/7 was earlier owned by Mrs. B. Kalaivani who acquired the same
under two separate Sale Deeds one dated 12.07.1985 registered as Doc. No. 2587/1985
and another dated 15.12.1986 registered as Doc. No. 2791/1986. By a Sale Deed dated
15.06.1995 registered as Doc. No. 2263/1995 Mrs. B. Kalaivani sold the above extent of
4 acres 79 cents to M/s.Kaveri Engineering Industries Limited:

Land of an extent of 63 cents in S.No. 492/6 was owned by Mrs. R.Devi Ammal who
acquired the same under a Sale Deed dated 01.04.1971 registered as Doc. No. 309/1971.
By a Sale Deed dated 21.08.1995 registered as Doc. No. 2256/1995. Mrs. R. Devi
Ammal represented by her agent Maruthi Estates sold the said extent of 63 cents
together with right to use pathway and other easementary rights to M/s.Kaveri
Engineering Industries Limited.

Land of an extent of 22 cents in S.No. 503/1 was owned by Mr. S. Bhaskaran who
acquired the same under a Sale Deed dated 22.01.1986 registered as Doc.No 135/1986.
By a Sale Deed dated 21.08.1995 registered as Doc. No. 2257/1995. Mr.S. Bhaskaran
sold the said extent of 22 cents to M/s.Kaveri Engineering Industries Limited.

Land of a total extent of 78 cents comprising of 25 cents in S.No. 495/1. 11 cents in

S.No. 498/1; 14 cents in S.No. 499 and 28 cents in S.No. 5003/4 was owned by Mr. G.
Ramkumar and Mrs. R. Vasanthi. By a Sale Deed dated 21.08.1995 (Doc. No.
2258/1995) Mr. G. Ramkumar and Mrs. R. Vasanthi both represented by their agent
Maruthi Estates sold the said extent of 78 cents to M/s.Kaveri Engineering Industries
Limited.

Land of a total extent of 24 cents comprising of 12 cents each in S.Nos. 503/6B and S03
6A2 was owned by one Mr. D. Senthil Kumar who acquired the same under two separate
Sale Deeds one dated 03.09.1980 registered as Doc. No. 1484/1980 and another dated
12.10.1981 registered as Doc. No. 2070/1981.By a Sale Deed dated 21.08.1995 registered
as Doc. No. 2259/1995, Mr. D. Senthil Kumar sold the said extent of 24 cents to
Ms.Kaveri Engineering Industries Limited.

Land of a total extent of 31 cents comprising of 29 cents in S.No.495/5 and 2 cents in

S.No.502 part (now S.No.502/2) was earlier owned by M/s.Maruthi Estates, who
acquired 29 cents in S.No.495/5 from Mr.K.S.Dharmarajan represented by his Power
Agent Mr.S.Bhaskaran under a Sale Deed dated 13.05.1991, Doc. No.892/1991 and 12
cents in S.No.502 part (now S.No.502/2) from P.Bhaskaran under a Sale Deed dated
04.10.1989, Doc. No.2675/1989. By a Sale Deed dated 21.08.1995 registered as Doc. No.
2260/1995, the said Maruthi Estates, represented by its partners, Mr. N. Udayavarlu and
Mrs. B. Kalaivani sold the said extent of 31 cents to M/s.Kaveri Engineering Industries
Limited.

Thus. M/s.Kaveri Engineering Industries Limited became entitled to an extent of 10

acres 39 cents comprised in the following survey numbers and had obtained Patta, Chitta
and Adangal Extract in its name. The said M/s.Kaveri Engineering Industries Limited

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went into liquidation and winding up order was passed in C.P. No. 120/1997 filed by Ms
Hitesh Steel, 47/50. Kika Street, Post Box No. 3636, Gulalwadi, 3rd Floor. Bombay 400
004. The assets of the Company were taken over by the Official Liquidator and was in
the custody of the Official Liquidator. The properties owned by M/s.Kaveri Engineering
industries Limited was brought for sale vide Application in C.A.No. 739 ot 2004 in CP.
No 120/1997 taken out by the Official Liquidator seeking inter alia. the following reliefs:

I. to open and consider the valuation report for fixing the upset price and earnest
money deposit for the landed property admeasuring 10.39 acres together with
partly constructed buildings situated at Padur Village, Old Mahabalipuram Road,
Chingleput District, Tamil Nadu:
II. to permit the Official Liquidator to sell the landed property admeasuring 10.39
acres together with partly constructed buildings as a single lot by inviting sealed
offers/ tenders from intending buyers:
III. to fix the date of sale of the above said property.
IV. to permit the Ofiicial Liquidator to advertise the approved sale notice in one
issue of Tamil Daily "Daily Thanthi" and one issue of English daily “The
Hindu"" and to pay the advertisement charges out of the funds of the Company
in liquidation;
V. to direct the second respondent to forward copies of title deeds along with
related papers / documents to the Official Liquidator immediately;

The reliefs sought by the Official Liquidator as above were granted and valuation fixed
accordingly. Thereafter, the Official Liquidator advertised the sale of the lands in “Daily
Thanthi" on 28.11.04 and "The Hindu" on 28.11.04. Among others M/s. Jain Housing.
had responded to the advertisement for purchase of the property in open tender and had
also paid the Earnest Money Deposit stipulated under the said advertisement to the
Official Liquidator by DD bearing No.572664 dated 10.12.2004. Thereafter, various bids
received by the Official Liquidator for the sale of the property, were considered by the
Hon'ble High Court, Madras. By an order dated 14.12.2004 passed in C.A.No.739 of
2004 in C.P.No.120 of 1997. M/s. Jain Housing was confirmed and declared the highest
bidder and the sale price for the property was fixed as Rs.7,40,00,000/- (Rupees Seven
crores forty lakhs only) and the earnest money deposit of Rs. 16,40.000/- (Rupees
Sixteen lakhs forty thousand only) was adjusted towards part sale consideration. M/s.
Jain Housing (the Vendor herein) was directed to pay the balance sale consideration and
also given the liberty to approach Official Liquidator, High Court, Madras for execution
of Sale Deed. By an order dated 16.04.2005, in C.A.No.395/2005 in Comp. Petition
No.120 of 1997 filed by Jain Housing, the Hon’ble High Court further extended the
payment time till 31.07.2005. Pursuant to the said order M/s. Jain Housing had complied
with the payment obligations and other terms and conditions of the orders passed by the
Hon'ble High Court, Madras.

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By a Sale Deed dated 09. 12.2005, registered as Doc. No.8213/2005, the Official
Liquidator High Court Madras as the Liquidator of M/s. M/s.Kaveri Engineering
Industries Limited (In liquidation) sold lands of an extent of 10.39 acres, situated at
Padur Village. Old Mahabalipuram Road. Chingleput District. to Jain Housing.

Land of an extent of 12 cents in S.No. 503/6Al part was owned by Mr. K.R. Sankaran
and he acquired the same under a Partition Deed dated 27.08.2002 registered as Doc.
No.1939/2002. By a Sale Deed dated 16.02.2006, registered as Doc. No. 1341/2006, Mr.
K.R. Sankaran & others sold extents of 12 cents in S. No. 503 6A1 part to M/s. Jain
Housing

Lands of extent of 12 cents in S. No. 503/6Al part, 15 cents in S. No. 506/2 and 19
cents in S.No. 498/3 were owned by Mrs. Pangajavalli & others and they acquired the
same under a Partition Deed dated 27.08.2002, registered as Doc. No.1939/2002. By a
Sale Deed dated 16.02.2006, registered as Doc. No. 1342/2006, Mrs. Pangajavalli &
others sold extents of 12 cents in S.No. 503/6A1 part. 15 cents in S.No. 506 2 and 19
cents in S.No. 498/3 to M/s. Jain Housing.

Thus M/s. Jain Housing became entitled to an extent of 477156.24 Sq.ft. (198.81
grounds) comprised in the above survey numbers situated in Old Mahabalipuram Road.
No.43, Padur Village., Chingleput Taluk. Kancheepuram District.

Out of 477156.24 Sq.ft. (198.81 grounds) or thereabouts owned by M/s. Jain Housing,
an extent of 47733 Sq.ft or little more or less has been set apart as open space
reservation area. And certain portion of land has also been demarcated for the purpose
of road widening and driveway leading to unknown land (no man's land). After
deducting an extent of 47733 Sq.ft or little more or less the Vendor intends to sell the
remaining extent of 429423.24 Sq.ft (178.93 Grounds) or thereabouts comprised in
S.No.478, 492/7, 495/2, 495/3. 500. 503/3, 501/1, 492/5, 492/4. 492/8, 492/9.
492/10. 492/11, 496, 494, 491/3. 498/2, 506/1, 506/7, 492/6, 503/1, 495/1, 498/1.
499. 503/4. 503/6B. 503/6A2, 495/5. 502 part (now S.No. 502/2 part), 503/6A l, 506/2
and 498/3, situated in Old Mahabalipuram Road, No.43, Padur Village, Chingleput Taluk
Kancheepuram District.

M/s. Jain Housing is truly seized and possessed the said extent of 429423.24 Sq.ft
(178.93 Grounds) or thereabouts. M/s. Jain Housing have demolished the old and
dilapidated building thereon.

M/s. Jain Housing offered to sell to the Purchaser an Undivided share of 523.30 Sq.ft. in
the land and a three-bed room apartment measuring 1771 sq.ft. for a consideration of
Rs.60,00,000 (Rupees Sixty lakhs only) free of all encumbrances.

The Purchaser on the faith of the representations of M/s. Jain Housing that M/s. Jain
Housing has an absolute and indefeasible title to the land agreed to purchase 523.30
Sq.ft. of undivided share in the land and a three-bed room apartment measuring 1771

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sq.ft. for a consideration of Rs.60,00,000 (Rupees Sixty lakhs only) free of all
encumbrances along with a stilt level covered premium car parking in the same tower, by
paying Rs.5 lakhs more to M/s. Jain Housing.

a) You are the purchaser and have agreed to purchase the aforesaid apartment from (10)
M/s. Jain Housing and availed a home loan of Rs.45 lakhs for the same. Prepare
the Sale Deed in your favour.
b) You had applied for a Home Loan of Rs.45 lakhs from HDFC Ltd. Chennai. (10)
After due diligence, HDFC has sanctioned the loan and disbursed the amount to
you on the date of registration of the Sale Deed and got a Mortgage Deed
registered in favour of HDFC Ltd. Draft the Mortgage Deed.
c) Having purchased the Apartment from Jain Housing and after taking possession (10)
of the property after the registration of the Sale Deed, you have entered in to a
lease agreement with one Ms. Divya, working as a Team Leader at Cognizant
Technologies (India) having office at No.135 OMR Road, Chennai 603 103. Ms.
Divya has agreed to take the apartment on lease for residential purposes for a
period of three years and has agreed for a monthly rent of Rs.30,000/- (Rupees
thirty thousand only). She had also agreed to pay 5 months rent as security
deposit that shall be returned to her without any interest on handing over vacant
possession of the apartment. Draft a Lease Deed.
d) After three years of purchase, you as the Purchaser/Mortgagee have defaulted in (5x2=
the payment of dues for more than 6 months to HDFC Ltd in spite of several 10)
reminders and notices. Hence HDFC Ltd filed a suit against you for the
recovery of a loan of Rs. 45,00,000 together with interest at the rate of 9% p.a.
Pending the suit HDFC Ltd learns through reliable sources that you are taking
steps to dispose of the apartment purchased from M/s. Jain Housing for a sale
price of Rs.80 lakhs, by posting your advertisements on 99 acres.com and
magicbricks.com. HDFC Ltd therefore, decides to apply for an attachment
before judgment. Draft the Suit and the Application.

NOTE: For drafting all the above Deeds of Conveyance and Pleadings, you are
free to use your creativity in using facts, names, circumstances that are necessary,
in addition to those facts mentioned here in above.

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