IN THE COURT OF ADDITIONAL DISTRICT JUDGE, DISTRICT COURT,

KULGAM, JAMMU

Civil Suit No. 234 of 2019

IN THE MATTER OF:

SH. PAWAN CHANDER.………………...…..………………………..………..PLAINTIFF

VERSUS

SH. JHUMROO SINGH…………….……………………………..………….. DEFENDANT

INDEX

S. No. PARTICULARS COURT PAGE NO.

FEE

1. MEMO OF PARTIES 02

2. SUIT FOR SPECIAL DAMAGES FOR 03-12

BREACH OF CONTRACT TO DO WORK
WITHIN TIME

3. AFFIDAVIT BY DEFENDANTS 13

4. LIST OF DOCUMENTS ALONG WITH

DOCUMENTS

5. VAKALATNAMA 14-15

DATE: 20.09.1995 DEFENDANT

JAMMU
THROUGH

(COUNSEL)

SPANTH BHAGAT
SPANTH & ASSOCIATES
CH. NO. 22, CIVIL WING,
SAKET COURT, DELHI - 110017
PHONE NO. 8133598763

1
 IN THE COURT OF ADDITIONAL DISTRICT JUDGE, DISTRICT COURT,

SAKET, DELHI

Civil Suit No. 234 of 2019

IN THE MATTER OF:

SMT. KAMALA DAS………………………...…..………………………..………..PLAINTIFF

VERSUS

SH. DHARAMPAL SHARMA……….……………………………..………….. DEFENDANT

MEMO OF PARTIES

IN THE MATTER OF:

SMT. KAMALA DAS

W/o Sh. Mohan Das

R/o 20, Malviya Nagar,

New Delhi - 110017………………………………….……………..………………PLAINTIFF

VERSUS

SH. DHARAMPAL SHARMA

S/o Sh. Ram Sharma

R/o 39, Malviya Nagar,

New Delhi - 110017……..………………………………..……………………...DEFENDANT

DATE: 20.09.2019 PLAINTIFF

DELHI
THROUGH

(COUNSEL)

SPANTH BHAGAT
SPANTH & ASSOCIATES
CH. NO. 22, CIVIL WING,
SAKET COURT, DELHI - 110017
PHONE NO. 8133598763

2
 IN THE COURT OF ADDITIONAL DISTRICT JUDGE, DISTRICT COURT,

SAKET, DELHI

Civil Suit No. 234 of 2019

IN THE MATTER OF:

SMT. KAMALA DAS

W/o Sh. Mohan Das

R/o 20, Malviya Nagar,

New Delhi - 110017………………………………….………………………PLAINTIFF

VERSUS

SH. DHARAMPAL SHARMA

S/o Sh. Ram Sharma

R/o 39, Malviya Nagar,

New Delhi - 110017……..………………………………….……………...DEFENDANT

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMIANRY OBJECTIONS:

1. That the present suit filed by plaintiffs is abuse of law and is liable to be

dismissed.

2. That this Hon’ble Court has no jurisdiction to entertain and try this suit because

the defendant has neither a principal nor a subordinate office in Kulgam and

therefore no cause of action arises in this court as per Section 20 of CPC.

3. That the suit has not been properly valued for the purpose of court fees and

jurisdiction and is therefore liable to rejected outrightly.

4.  That there is absolutely no cause of action in favour of the Plaintiff and against

the Defendant. The suit is therefore liable to be rejected on this ground also. 

3
 5. That the suit has not been properly verified in accordance with law. 

6. That the Plaintiff’s suit for declaration is barred by Section 34 of the Special

Relief Act as the plaintiff has omitted to claim further consequential relief

available to him. 

7. That the suit is barred by Section 14 of the Specific Relief Act as the contract of

personal service cannot be enforced. 

8. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the

mandatory notice under Section 80 of the Code of Civil Procedure/Section 14 (1)

(a).

9. That the suit is liable to be dismissed as the Plaintiff firm is not registered under

Section 69 of the Indian Partnership Act and as such is not competent to institute

this suit.

ON MERITS:

 Without prejudice to the preliminary objections stated above, the reply on merits,

which is without prejudice to one another, is as under- 

1. That para 1 of the plaint is correct and is admitted. 

2. That the contents of para 2 of the plaint are denied for want of

knowledge. The Plaintiff is put to the strict proof of each and every

allegation made in the para under reply. 

3. That the contents of para 3 of the plaint are absolutely incorrect and are

denied. It is specifically denied that the Plaintiff is the owner of the suit

properly. As a matter of fact, Mr. N is the owner of the suit properly.

 4. That with respect to para 4 of the plaint, it is correct that the Defendant

is in possession of the suit properly. However, the remaining contents of

para under reply are absolutely incorrect and are denied. It is specifically

denied that ___________ 5-10. (Each and every allegation must be replied

4
 specifically depending upon the facts of each case. The above reply on

merits is therefore only illustrative in nature.) 

11. That para 11 of the plaint is incorrect and is denied. There is no cause

of action in favour of the Plaintiff and against the Defendant because

____________ The plaintiff is therefore liable to be rejected outrightly. 

12. That para 21 is not admitted. This Hon’ble Court has no jurisdiction to

entertain this suit because the subject matter of this suit exceed the

pecuniary jurisdiction of this Hon’ble Court. 

13. The para 13 is not admitted. The suit has not been properly valued for

the purpose of court fee and jurisdiction. According to the Defendant the

correct valuation of the suit is Rs ____________

10.

11. That the Plaintiff is a thirty-three year old fashion designer residing at 20, Malviya

Nagar, New Delhi -110017. She is a humble and polite law-abiding citizen

belonging to a family of good repute and is known for her good standing and

honesty in her business community.

12. That the Defendant is a carpet manufacturer residing at 39, Malviya Nagar, New

Delhi -110017 and is consequently also the Plaintiff’s neighbour.

13. That on Friday, 12.10.2018 the Defendant met the Plaintiff at a party where he

told the Plaintiff that he wanted to sell his 320 sq. ft. 3 BHK apartment located in

Sun Rise Society situated at South Extension, New Delhi.

14. That the Plaintiff then expressed her interest in buying the said property as she

currently resides in a 2BHK apartment and needs a larger home for her growing

family. After she enquired about the cost of the property, the Defendant informed

her that it was valued at Rs. 30,00,000/- (Thirty Lakhs only).

5
 15. That the Plaintiff, after consulting with her family, emailed the Defendant the very

next day i.e., on Saturday, 13.10.2018 at 12:00 PM requesting him to schedule a

meeting to discuss the sale of the concerned property. A copy of the said email is

enclosed herewith and marked as Annexure A.

16. That the Defendant replied to Plaintiff’s email on Saturday, 13.10.2018 at 2:00PM

stating that he is available on Monday, 15.10.2018 at 3:00PM for a meeting. The

copy of said email is enclosed herewith and marked as Annexure B.

17. That after several rounds of meetings that took place on Monday, 15.10.2018,

Wednesday, 24.10.2018 and Monday, 29.10.2018 at 3:00 PM, 1:00PM and

5:00PM respectively, the Agreement to Sell [hereafter ‘ATS’] was finalised in a

written format on Thursday, 01.11.2018. A copy of said agreement is enclosed

herewith and marked as Annexure C.

18. That Clause 12 and 13 of the ATS stipulated that the Plaintiff would pay Rs.

3,50,000/- (Three Lakh Fifty Thousand only) in instalments as earnest money

and that the remaining balance of Rs. 26, 50,000/- (Twenty-Six Lakhs Fifty

Thousand only) will be paid upon registration of sale deed.

19. That the Plaintiff paid the due earnest money in three instalments over the

course of three weeks. On Monday, 05.11.2018 she paid Rs. 1,00,000/- (One

Lakh only) through a cheque bearing no. HDFC25007 and a week later, on

Monday, 12.11.2018, she paid the same amount via a cheque bearing no.

HDFC29006. Finally, on Monday, 19.11.2018, she paid the final instalment due

towards the earnest money via cheque bearing no. HDFC30008 for Rs.

1,50,000/- (One Lakh Fifty Thousand only). Copies of the said cheques are

enclosed herewith and marked as Annexures D1, D2, and D3 in the respective

order of their mention. A copy of the Plaintiff’s bank statement disclosing the

6
 amount deducted from her account is also enclosed herewith and marked as

Annexure D4.

20. That the Plaintiff by emails dated Monday, 05.11.2018, Monday, 12.11.2018 and

Monday, 19.11.2018 informed the Defendant that she has sent the money.

Copies of said emails are enclosed herewith and marked as Annexures E1, E2

and E3.

21. That the defendant acknowledged the receipt of the amount by emails dated

Tuesday, 06.11.2018, Tuesday, 13.11.2018 and Tuesday, 20.11.2018. Copies of

said emails are enclosed herewith and marked as Annexures F1, F2 and F3.

22. That Clause 13.1 of the ATS further stipulated that the Defendant would get the

property registered in Plaintiff’s name and would execute the sale deed on or

before Wednesday, 16.01.2019 upon receipt of the balance consideration, and

would thereupon hand over physical possession of property once the defendant

had cleared all the dues and had provided an Encumbrance Certificate (EC)

attesting to the same.

23. That in order to pay the balance consideration the Plaintiff acquired a housing

loan for Rs. 26,50,000 /- (Twenty Six Lakhs Fifty Thousand only) along with

interest @8.10 % per annum from HDFC Bank, Malviya Nagar and the same was

approved by the bank on Monday, 10.12.2018. An authorized copy of the

sanction letter provided by the bank is enclosed herewith and marked as

Annexure G.

24. That the Plaintiff and Defendant decided to meet at the office of Sub-registrar,

Mehrauli at 1:00PM on Thursday, 20.12.2018 and register the sale deed. The

correspondence between the Plaintiff and the Defendant for the same is

enclosed herewith and marked as Annexure H.

7
 25. That the Defendant neither showed up till 5:00pm nor did he inform the Plaintiff

about his absenteeism. The Plaintiff made an attempt to contact the defendant

who did not pick up his call. The call log of Plaintiff is enclosed herewith and

marked as Annexure I.

26. That the Defendant then called the Plaintiff on Tuesday, 01.01.2019 and

informed her that he had a family medical emergency and he was occupied with

the same. He assured the Plaintiff that he would register the sale deed by

Wednesday, 16.01.2019.

27. That the Plaintiff and the Defendant once again decided to meet at the office of

Sub-registrar, Mehrauli at 1:00PM on Friday, 11.01.2019 to register the sale

deed. The correspondence between the Plaintiff and Defendant regarding the

same is enclosed herewith and marked as Annexure J.

28. That the Defendant again did not show up and avoided the Plaintiff’s calls for the

next week. Finally, after becoming considerably vexed and frustrated, the Plaintiff

decided to visit Defendant's home on Sunday, 20.01.2019. To her surprise, the

Plaintiff was informed by the Defendant’s wife that he was out of station.

29. That after repeated failed attempts by Plaintiff to reach the Defendant in the

following days, she finally decided to give a public notice in the Times of India on

Saturday, 02.02.2019 to assert her intention to buy the property and to invite any

contentions to the same. A reasonable time of 15 days was given for contesting

her claim. A copy of the public notice is enclosed herewith and marked as

Annexure K.

30. That on Saturday, 16.02.2019, having exhausted all means of attempting to

communicate with the Defendant and having received no intimation of the

Defendant’s intention to follow through with the ATS, the Plaintiff finally served

upon the Defendant a legal notice asking him to execute the sale deed within the

8
 next 30 days. The same was received by the Defendant on Monday, 18.02.2019.

Copies of said legal notice and the receipt of the same by the Defendant are

enclosed herewith and marked as Annexure L1 and L2 respectively.

31. That on Monday, 04.03.2019 the Defendant sent a false reply to Plaintiff’s legal

notice whereunder he stated that he will execute the sale deed by Friday,

29.03.2019. A copy of Defendant’s reply to Plaintiff’s legal notice is enclosed

herewith and marked as Annexure M.

32. That the Defendant failed to act upon his promise and execute the sale deed by

Friday, 29.03.2019. Further, the Plaintiff figured out through a broker that the

Defendant was trying to sell the concerned property to another party.

33. That the Plaintiff tried to amicably confront the Defendant regarding his attempt

to sell the concerned property to another party, however, her efforts were in vain

as the Defendant ignored her completely.

34. That the Defendant has thus caused unnecessary financial loss and mental

anguish to the Plaintiff — who has already secured a housing loan for the

purposes of paying the balance consideration — and he has acted maliciously

throughout the course of this transaction in committing cheating, fraud and

breach of trust by giving false promises.

35. That in light of the aforementioned facts, the Defendant is in strict breach of his

contractual obligation to sell the suit property to the Plaintiff as per the ATS in

spite of the Plaintiff performing all her obligations under the agreement thus far in

a timely and lawful manner.

36. That the Plaintiff’s conduct has been without blemish throughout and goes to

show that she was — and is still — ready and willing to perform her contractual

obligations as under Section 16 Specific Relief Act, 1963, as she not only

advanced earnest money but has also secured the monies to pay the balance

9
 consideration for the purchase of the suit property. She has repeatedly reminded

the Defendant of her intention to purchase the property. In keeping with the

Hon’ble Supreme Court’s decision in J.P. Builders vs. A. Ramadas Rao (2011) 1

SCC 429 and a catena of judgements, it can thus be seen that the Plaintiff has

prima facie discharged her burden to prove her readiness to fulfil her contractual

duties under the said agreement, and as per the decision in Aniglase Yohannan

vs Ramlatha 2005 (7) SCC 534 “The Court is to grant relief on the basis of the

conduct of the person seeking relief. If the pleadings manifest that the conduct of

the plaintiff entitles him to get the relief on perusal of the plaint he should not be

denied the relief.” Accordingly, the Plaintiff is entitled to a decree for specific

performance in her favour.

37. That the Plaintiff acted upon the promise to sell made by the defendant by

securing a housing loan to pay the balance consideration. In the interest of

equity, the Defendant is thus obligated to meet his promise to sell, having raised

a reasonable expectation on part of the Plaintiff to receive possession of the suit

property.

38. That the Defendant had accepted the earnest money without any objection, and

in the entire course of the transaction did not make any intimation to the Plaintiff

regarding his intention to repudiate or modify the agreement to sell. His sudden

departure from his original position with regard to his commitment towards ATS

indicates that he has acted with mala fides.

39. That, as under the said ATS alongside section 55 of the Transfer of Property Act,

1882, the Defendant is obligated to execute the sale deed for the suit property in

favour of the Plaintiff upon receipt of the due payment. The plaintiff is ready and

willing to send the balance consideration of Rs. 26,50,000/- (Twenty Six Lakhs

and Fifty Thousand Only) to the Defendant by cheque, or to deposit the amount

with the Court.

10
 40. That, as under Section 22 of the Specific Relief Act, 1973, the Plaintiff is entitled

to sue for a decree of possession of the suit property in her favour, and in the

alternate, is entitled to receive a refund of her earnest money with interest and

with compensation for losses caused to her as under section 21 SPA.

41. That the cause of action first accrued in favour of the Plaintiff and against the

Defendant on Monday, 05.11.2018 when the Plaintiff made her first instalment

towards the earnest money and demonstrated her readiness to follow through

with the ATS. That the cause of action arose again on Wednesday, 16.01.2019

when the defendant failed to execute the sale deed as per the Agreement to Sell.

The cause of action also arose when the Legal Notice dated Saturday,

16.02.2019 was sent to the Defendant, which was duly received by the

defendants on Monday, 18.02.2019 but was met with a false reply. The cause of

action arose on Friday, 29.03.2019 when the Defendant did not execute the sale

deed even after promising to do so in his reply to the legal notice.

42. That the Court is competent to entertain this present suit and to deliver the

appropriate remedies as the suit property is located within its territorial

jurisdiction as per Section 20 of Code of Civil Procedure, 1908. The ATS was

signed thereat and all the concerned transactions were also conducted thereat,

and as such, the causes of action arise within the Court’s jurisdiction. The suit

value also falls within its pecuniary jurisdiction as per Section 15 of Code of Civil

Procedure, 1908 and Section 25 of the Delhi High Courts Act,1966.

43. That the value of the suit for the purposes of jurisdiction has been fixed for Rs.

30,00,000/- (Thirty Lakhs Only) and for the purposes of recovery the proper ad-

valorem court fee of Rs. 31,624 (Thirty-one Thousand Six-hundred and Twenty-

four) has already been affixed to the plaint.

44. That the suit is not barred by limitation.

11
 45. That no other suit is pending before any other Court with regard to the same

subject matter.

PRAYER

Wherefore, in the light of the facts stated, issues raised and arguments advanced, the

Counsel for Plaintiff most humbly and respectfully prays that this Hon’ble Court be

pleased to adjudge:

12
 A. That a decree for specific performance of the agreement to sell dated Thursday,

1.11.2018 be passed in favour of the Plaintiff, and the Defendant thereby get the

same registered in favour of the Plaintiff.

B. That any other agreements to sell that the Defendant may have with other third

parties be declared null and void.

C. That during the pendency of this suit an order restraining the Defendant from

selling the suit property be passed.

D. That if this Hon'ble court finds that the Plaintiff is not entitled to the relief of

specific performance, then the suit be decreed for alternative relief by way of

decree for recovery of the deposited earnest money valued Rs. 3,50,000/- (Three

Lakhs Fifty Thousand only). In that event, the Defendant should be held liable to

pay damages in the form of compensation for the loss caused to the Plaintiff in

taking a hefty housing loan for which interest is accruing.

E. The Plaintiff be paid her costs from the Defendant.

Or take any decision, decree or order in the interest of justice, equity and good

conscience.

All of which is most humbly and respectfully submitted

DATE: 20.09.2019 PLAINTIFF

DELHI (KAMALA DAS)

THROUGH

(COUNSEL)

SPANTH BHAGAT

SPANTH & ASSOCIATES

13
 CH. NO. 22, CIVIL WING,

SAKET COURT, DELHI - 110017

PHONE NO. 8133598763

VERIFICATION:-

I hereby verify that the contents of the above stated paras 1 to 35 are true to my

knowledge and are correct on the basis of information received and believed to be true

and the last para is our prayer to this Hon’ble Court.

PLAINTIFF

IN THE COURT OF ADDITIONAL DISTRICT JUDGE, DISTRICT COURT,

SAKET, DELHI

Civil Suit No. 234 of 2019

14
IN THE MATTER OF:

SMT. KAMALA DAS …………………………………………………………..PLAINTIFF

VERSUS

SH. DHARAMPAL SHARMA ………………………………………….. DEFENDANT

AFFIDAVIT

I, Kamala Das, W/o Sh. Mohan Das, New Delhi – 110017, do hereby solemnly affirm

and state here as under:

1. That I am the plaintiff herein the present suit and am fully conversant

with the facts and circumstances of the suit and am competent to

affirm and swear the present affidavit.

2. That the plaint has been drafted by my counsel under my instruction

and the contents therein are true and correct to the best of my

knowledge and belief and nothing material has been concealed there

from.

DEPONENT

VERIFICATION:

Verified at Delhi on this day of 20.09.2019 I say that the contents present affidavit are
true and correct to the best of my knowledge and belief and nothing material has been
concealed therefrom.

DEPONENT
IN THE COURT OF ADDITIONAL DISTRICT JUDGE, DISTRICT COURT,
SAKET, DELHI

Civil Suit No. 234 of 2019

VAKALATNAMA

15
IN THE MATTER OF:

KAMALA DAS

VERSUS

DHARAMPAL SHARMA

Know all to whom these presents shall come that I Kamala Das, W/o Sh. Mohan Das, r/o 20,

Malviya Nagar, New Delhi – 110017. The above-named Plaintiff do hereby appoint:

(Advocates & Solicitors)

Spanth Bhagat
SPANTH & Associates
En. No. D/6634/2017)
Phone no. 8133598763

Chamber No. 22, Civil Wing, Saket Court, Delhi - 110017___________

Advocate(s), to be my/ our true and lawful attorney (s), in the matter noted above, to do all the
following acts, deeds and things, or any of them, (jointly and severally) and also ratify anything
already done on our behalf that is to say:
To sign, verify and present and send notices, replies rejoinders, pleadings, appeals, cross-
objections or petitions for execution, review, revision, other petitions or affidavit or other
documents as shall be deemed necessary or advisable for the prosecution of the case or in
relation thereto in all its stages.
To appear, act, and plead in the above-mentioned case in any court or tribunal etc, in which the
same be heard or tried in the 1 st instance or in appeal or review or revision or execution or in
any other stage of its progress until its final decision.
To withdraw or compromise the said case or submit to arbitration any differences or disputes
that may arise to or in any manner relating to the said case.
To receive documents, papers, records, orders etc. and to do all other acts all things, which may
be necessary or proper to be done for the progress and in all course of the prosecution of the
said case.
To employ any other legal practitioner, advocate or consultant authorizing him to exercise the
power and authority hereby conferred on the Advocate (s) whenever he/they may think fit to do
so.
And I hereby agree that whatever the Advocate (s) or his substitute shall do in the premises
shall be binding on me in all intents and purposes just as if it would have been done by me.
And I hereby agree not to hold the Advocate (s) or his substitute responsible for the said case in
consequence of his absence from the court when the said case is called up for hearing.
And I hereby agree that in the event of the whole or any part of the free agreed by me to be paid
to the Advocate (s) remaining unpaid he shall be entitled to withdraw from the prosecution of the
said case, or not to appear until the same is paid.
In witness whereof I hereunto set my hand to these presents the contents of which have been
explained to and understood by me.

Date: 15 September 2019

Advocate (s) Client (s)

Spanth Bhagat
SPANTH & Associates Kamal Das
En. No. D/6634/2017)

16
Phone no. 8133598763

Submitted By:

1. Himani Yadav

17
 2. Treya Gupta
3. Sasha Kumar
4. Arudra Ravindran
5. Parth Goyal
6. Nikhil Goel

LL.B.’20
Section- D

18