DRAFTING, PLEADINGS AND CONVEYANCE (2023) PART A Qua) Discuss the fundamental rules of pleading. (b) Amit is renovating his house without any sanction from government authorities. He is undertaking, illegal structural changes that will cause substantial damage fo the property of his neighbour Rohit, Draft a suit for permanent injunction for Rohit. ‘Ans.1(a). The question deals with fundamental rules of pleading, “to state and The dictionary meaning of the term ‘plead’ means argue a case’. Pleadings, under Civil as well as Criminal Law, meant that to determine what the parties were currently fighting about. Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defences. Pleadings are the statement of facts in writing drawn up and filed in a court by each party to the case stating therein what his contention shall be at the trial and giving all such details as his opponent will need to know in order to prepare his case in answer. In India there are only two pleadings in a suit as defined under Order 6, Rule 1 of the Code of Civil Procedure, it says that pleading means “Plaint or Written Statement”. (a) Plaint: A statement of claims, called the “plaint” in which the plaintiff sets out his cause of action with all necessary particulars; and Written Statement: A statement of defences, called the “written statement” which the defendant deals with every material fact alleged by the Plaintiff in the plaint and also sets any new facts which tells in his favour, adding such objection as he wishes to take to the claim. ) 1= QE ALLB. Salou Papers of Deth tiny, ; om it has been drafted and ; ; led tructions and contents of the yy . That the accompanying my counsel upon my are true and correct. 3. That the documents filed along with plaint are true Copies of originals. Lied DEPONENT VERIFICATION: Verified on this 5th day of November 2023 at Delhi that contents of the above said affidavit are true and correct to m: knowledge and information and nothing material has been concealed therefrom. DEPONENT Q.2. Tina and Mukul are legally married and there is no child out of the wedlock. From the very beginning, their married life was unhappy as Mukul insulted Tina, behaved roughly, treated her with great harshness, negligence and cruelty, frequently abusing her and using insulting language. On the night of August 21, 2022, without provocation, Mukul threw a knife at her, inflicting a severe wound on her right hand. Tina had no other alternative but to leave the matrimonial house because of the continued cruelty. Tina went to her father’s house, and since then, she is living separately from her husband and has not returned back or co-habited with him. Draft a petition for judicial separation under the Hindu Marriage Act, 1955 for Tina along with an Affidavit. Ans.2. Petition for judicial separation under the Hindu Marriage Act, 1955. IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, NEW DELHI DISTRICT, PATIALA HOUSE COURTS COMPLEX, NEW DELHI HMA PETITION NO. ....... OF 2023 IN THE MATTER OF: Smt. Tina Tandon W/o Sh.Mukul Tandon R/o 123, Block D Vasant Kunj New Delhi - 110070ni suet, | am dul Present suit and 2. That accompanying petition has been drafted by my counsel under my instructions and contents of the same have been explained to me and are true. 3. That the documents copies of originals. '¥ competent to swear and file the filed along with the petition are true DEPONENT VERIFICATION: Verified at New Delhi on this 5th day of November 2023 that the contents of the above said affidavit are true and correct to my knowledge and information and nothing material has been concealed therefrom. DEPONENT Q.3.(a) Rinku is staying at House No.10 in Timarpur. A theft was committed on December 6, 2022, in the adjoining House No.11 owned by Tony, who had enmity with Rinku for several years over landed properties and is looking for ways to settle scores by implicating him in this theft. Rinku has reasons to believe that he may be arrested on the accusation of having committed the said offence. Draft an anticipatory bail application for Rinku. (b) Draft a consumer complaint under the Consumer Protection Act, 2019 on assumed facts. Ans.3 (a) APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL IN THE COURT OF SESSIONS JUDGE (CENTRAL DISTRICT), TIS HAZARI COURTS COMPLEX, NEW DELHI ANTICIPATORY BAIL APPLICATION NO. ____ OF 2023 IN THE MATTER OF: Rinku Sharma S/o Pinku Sharma. R/o House no, 10 Timarpur : Delhi - 110054 APPLICANTCee oe CUONULAINANT : L Rashmi Saxena W/o Sh. Parth Saxena, aged about 35 years, R/o 123, Saket, New Delhi HLOOI7, do hereby solemnly affirm and declare hereunder: 1. That Cam the Complainant in the above-captioned complaint under Section 35 of the Consumer Protection Act, 2019, and 1 am aware of the facts and circumstances of the case, As such, Tam duly competent to swear and file the present complaint and affidavit. pe ‘That the accompanying complaint has been drafted and filed by my counsel upon my instructions and contents of the same are true and correct, DEPONENT VERIFICATION: Verified on this 5th day of November 2023 at Delhi that the contents of the above said affidavit are true and correct to my knowledge and information and nothing material has been concealed therefrom, DEPONENT Q.4.(a) Jaiveer worked asa Clerk in PWD for15 years. On November 30, 2022, his new Section officer, allegedly unhappy with his work, served him with an office order followed by a relieving order dated December 7, 2022. Jaiveer seeks justice on the ground of termination without following the tules of having an opportunity to make a representation on the charges against him. Draft an appropriate Writ petition for Jaiveer.30 Q& ALL. Soloed Papers of Delhi University (b) Mr. Shripal died Rukmini, a Son an grant of Succession Ce Life insurance policies. ‘Ans.4 (a) Writ Petition under Article 226 of the Constitution of India, 1950. IN THE HIGH COURT OF DELHI AT NEW DELHI (WRIT JURISDICTION) WRIT PETITION (CIVIL) NO. OF 2023 IN THE MATTER OF : intestate leaving behind his wife d his mother. Draft a petition for the rtificate for Rukmini in respect of Sh. Jaiveer Singh S/o Daljeet Singh R/o 123, Kamla Nagar New Delhi - 110007 ... PETITIONER i VERSUSDrafting, Pleadings and Conveyance (02 VERIFICATION: Verified on this 5th day of November 2023 at Delhi that the contents of the above said affidavit are true and correct to my knowledge and information and nothing material has been concealed therefrom. 3) 9 PART B Q.5.(a) Ramkumar wants to gift his three acres of land situated in Mehrauli, Delhi to his son Kiran. Draft a gift deed. (b) Prabodh has to go to Australia for his job assignment and therefore, wants to appoint his brother Shambhu to sell his property situated in Kamla Nagar, Delhi to Raj. Draft an appropriate power of attorney. Ans. 5(a) GIFT DEED THIS GIFT DEED is made and executed on this fifth (5th) day of November Two Thousand and Twenty-Three (2023) at New Delhi. BETWEEN Sh. Ramkumar Pandey $/o Sh. Ghanshyam Pandey, aged about 69 years, a retired JAS officer, an Indian citizen currently residing at 345, Sector B, Vasant Kunj, New Delhi - 110070, holding Aadhaar card no. 123456789101 (hereinafter called the DONOR) of the one part. AND Sh. Kiran Pandey S/o Sh. Ramkumar Pandey, aged about 40 years, currently employed as a Geo-analyst with Oil & Natural Gas Corporation Ltd., an Indian citizen residing at 789, Sector A, Vasant Kunj, New Delhi -110070, holding Aadhar card No. 123456789102 (hereinafter called the DONE) of the other part. The expressions of the DONOR and the DONEE shall mean and include their respective heirs, successors, executors, nominees, assignees, administrators and legal representatives etc., WHEREAS the DONOR is the owner and in possession of the property having been purchased /acquired vide registered sale deed as document No. 1234 Addl. Book-I, Vol. No. UI pages 20 to 22, on date 20/10/2010 duly registered in the office: of Sub-Registrar Mehrauli, New Delhi;Drafting, Pleadings and Conveyance (2023) 3 AND WHEREAS due to paucity of time, I am unable to attend to the execution of the Sale Deed pertaining to the above-mentioned property. Therefore, I have appointed my younger brother to act on my behalf under this Special Power of Attorney for the execution of the said Sale Deed. ' NOW THIS SPECIAL POWER OF ATTORNEY WITNESSES AS UNDER: 1. To receive from the purchaser or his heirs or assigns the sum of Rs, 50,00,000/- (Rupees Fifty Lakh only) being the price agreed to be paid to me by Sh. Champaran Lal for the purchase of my property bearing no. 124, Kamla Nagar, New Delhi - 110007 under an agreement dated 20/10/2023 and to give an effectual receipt and discharge for the same; 2. To execute a proper sale deed of the said property or any other deed or assurance necessary for the completion of the sale of such property and to get the same duly registered; AND I HEREBY AGREE to ratify and confirm whatsoever the said ATTORNEY shall lawfully do or cause to be done in or about the premises by virtue of these presents. IN WITNESS WHEREOF I have hereunto signed this document on the date and place first above written in the presence of following witnesses. EXECUTANT WITNESSES: 1. Sh. Jamna Prasad $/o Sh. Mahua Prasad R/o 123, Kamla Nagar New Delhi - 110007 Sign 2. Sh. Darbarilal Pandey S/o Sh. Girdharilal Pandey R/o 130, Kamla Nagar New Delhi ~ 110007 Sign Q.6. On September 10, 2022, Dheeraj approached Pankaj to buy his House situated in Pitampura. Dheeraj and Pankaj entered into an agreement to sell on September 12, 2022 and Dheeraj gave Rs. 5 lakh to Pankaj as earnest money.MW Q&A LLB. Soloed Papers of Delhi University Mt was mutually decided to complete the sale and to make the full and final payment of Rs. 50 lakh within the next three months, Draft a comprehensive Sale Deed for them, Ans.6, AGREEMENT FOR SALE ENT is made at New Delhi on this Twelfth (12th) wo Thousand and ‘Twenty-Three (2023) BETWEEN Sh. Pankaj Kumar $/o Sh. Vanshaj Kumar, aged about 58 years, Ro 123, Sector 14, Rohini, Delhi — 110085 (hereinafter referred to as the VENDOR which expression shall, unless repugnant to the context or meaning thereof shall mean and include his heirs, executors, administrators and assigns of the FIRST PART) AND Sh. Dheeraj Varma $/o Sh. Neeraj Varma, aged about 54 years, R/o 234, Sector 13, Pitampura, Delhi - 110034 (hereinafter referred to as the VENDEE/PURCHASER which expression shall, unless Tepugnant to the context or meaning thereof shall mean and include sibel executors, administrators and assigns of the SECOND ART). WHEREAS the Vendor is the absolute owner of the property bearing no. 101 admeasuring 1,320 Square meters situated at Block P, Pitampura, Delhi ~110034 (hereinafter referred to as the “said Property”) vide sale deed dated 20/01/2000 registered in the office of the Sub-Registrar, New Delhi as document No. 5560 Addl. Book No. I, Vol. No. 5318 at Pages 136 to 152 on 20/01/2000; AND WHEREAS the Vendor has agreed to sell the said Property to the Vendee at the price and on the conditions mentioned herainaftor THIS AGR day of Septembe50 QE ALD, Saloed Papers of Delhi Union a R/o 121, Sector 14 Rohini, New Delhi 110085 2. Smt. Pushpa Sood W/o Sh. Sohan Sood R/o 125, Sector 14 Rohini, New Delhi 110085 Q.7.a) Shri Gopalan is the owner of several properties, both movable and immovable. Shri Gopalan is not keeping well and to avoid any quarrels and disputes in the future concerning the inheritance of his properties he wishes to distribute his movable and immovable properties among his wife, two married sons, grandsons and unmarried daughter. He appoints his elder son as his executor. Draft a Will for Shri Gopalan. (b) Discuss the essential components of a Deed. Ans.7(a) WILL THIS 1S THE LAST WILL TESTAMENT of me, Sh. Shri Gopalan S/o Sh. Ram Gopalan, aged 79 years, R/O 13, PQS Apartments, Rohini, Delhi - 110085 made at’ Delhi on this fifth (5th) day of November Two Thousand and Twenty-Three (2023). That life is uncertain, and this is my last Will by way of which peat voluntarily and out of my own free will in a sound state cum 2 self-acquired properties to the beneficiaries as described eae I was married to Smt. Deepika Chandra on a and we have been living happily for 48 years and out g he wedlock we have three children, two sons named Sh, Raghav opalen and Sh. Madhav Gopalan, aged 45 years and 42. yor respectively, and a daughter named Smt. Aishwarya, aged 40 years. ae aD WHEREAS my son, Raghav, is happily married to Smt. we nent ant out of the pealoe they are blessed with one child, Lage ears an di Rohini, Delhi = 10065," “ng at 4, POS Apartments AND WHEREAS my son, Madhav, is i ; 48 married to SmtPriyanka Mishra, and out of the wedlock they ate blessed with a son fed, (M) Testimonium The last part of a deed is the testimonium which sets forth the fact of the parties having signed the deed. This is not an essential part of the deed, but as it marks the close of the deed there is no harm in continuing the established practice. The usual English form of testimonum is as follows: ‘In witness whereof the parties hereto have hereunto set their respective hands and seals the day and year first above written.’ (N) Signatures And Attestation- After testimonium should follow the signatures of the executants and those of attesting witnesses. If executant is not competent to contract or is a juristic person, the deed must be signed by the person competent to contract on his or its behalf. Q.8. Answer any Two: (a) The lease between X (landlord) and Y (tenant) has expired by the flux of time. There is no agreement to renew the same but Y is still in the possession of the tenanted premises and is refusing to vacate the same despite repeated oral request. Draft a Notice under the Transfer of Property Act, 1882 for ejectment and delivery of the tenanted premises.Drafting, Pleadings and Conveyance (2023) Ee ) (b) Draft a Partnership deed for Uday and Kabir with the relevant terms and conditions. (&) Draft a Relinquishment deed wherein one brother and two sisters wish to give their share of a house in favour of their father. Ans.S(a) NOTICE OF EJECIMENT THROUGH ADVOCATE (SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882) Ch. No... New Delhi - 110001 Ph.O11- 2338X00X REGD AD/ U.P.C. reme Court | ‘Akash Gupta Advocate Dated: 05/11/2023 To Sh. Y S/o Sh. EF R/o 121, Sector 4 Rajendra Nager Delhi - 110060. Sub: NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882 FOR EJECTIMENT Dear Sir, Under the instructions from and on behalf of my client Sh. X S/o Sh. AB, R/O 211, Sector 4, Rajendra Nagar, Delhi - 110060 (hereinafter referred to as ‘my client’), I serve you with the following notice: 1. That the house bearing no. 121, situated in Sector 4, Rajendra Nagar, Delhi, is owned by my client. That you approached my client and requested my client to give the said property on lease to you. 2. That my client inducted you as the tenant in respect of the said property on Ist October, 2021 for 2 years at a monthly “rent of R&.20,000/- (Rupees Twenty Thousand only) per month, vide Lease deed dated 01/10/2021.