03/10/2023

Through Registered Letter

REPLY TO LEGAL NOTICE DATED 12.09.23

TO,
Navin Kumar
R/o J-128, P.C. Colony
Kankarbagh, Patna – 800020
Email – navinkumar.adv@gmail.com

ON BEHALF OF
Mr. Amitabh Mishra
S/o Lt. Vishnu Deo Mishra
R/o 601 Ganesh Kirti Apartment,
Bailey Road, Shaguna More, Patna – 801503
AND
Mrs. Rupashree
W/o Amitabh Mishra
R/o Bachpan play School, Shrikant Road
Belabagan, Deoghar – 814112

(Hereinafter referred as “my client”)

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 Respected Sir,
I am writing to you on the instructions of my client Mr. Amitabh Mishra & Mrs

Rupashree who has received a legal notice sent by you dated 12 th September 2023.

In your notice you have inter alia averred that my client has executed a sale deed

dated 06/04/2019 in favor of your client Mrs. Minu Singh W/o Lt. Ashok Singh.

We absolutely deny this hypothetical contention and at the outset, mention here that

the contents of the notice under reply if not specifically admitted are deemed to be

categorically and vehemently denied.

I serve upon your client the following reply-cum-legal notice.

1. That my client Mrs. Rupashree, W/o Amitabh Mishra, R/o Belabagan, Shrikant

Road, Deoghar – 814112, entered a lease agreement dated 06.02.18, with your

client in respect of commercial use of the premises Ground, First and Second

Floor Plot No. 257, 148 and 155 (corresponding to Town Plan, Plot No. 1475

(B)), Ward No. 10, Mauza Madarichak, Belabagan, Shrikant Road, Deoghar,

Jharkhand 814112 comprising of Six Classrooms, Two Office rooms, Two

common Passage, One Hall, Three Toilets and an open space, etc for running an

institution named “Mount Carmel High School” under the sole directorship of

Minu Singh (Secretary Lord Budha Educational and Social Development

Sansthan) i.e. your client.

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 2. That in lieu of the agreement a monthly rent of Rs 60,000 /- (Rupees Sixty

Thousand only) was fixed and in pursuance of which two cheques i.e. a cheque

no. 000475 dated 15/02/18 & cheque No. 76964 was paid to my client against the

rent for the month of February 2018 & March 2018.

3. That after two months of the agreement, citing space constraint as reason, a

request for a bigger space was put forth by your client. In response to the request

my client duly offered to present her second property located at Plot No. 359.

Ward No. 7, Mauja Maheshmara No. 250, Near Nandan Pahar, Deoghar.

(Hereinafter referred as “The Scheduled property”)

4. That my client along with her partners had already been running her own

institution named “Mother Touch International School” on the said premise since

2014 and clearly had established the fact that the partners were not willing to give

up a running institution on lease to your client.

5. That after your client’s continuous request to gain the lease, my client persuaded

the partners to accept a consideration for surrendering all their rights held over the

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 running school thereafter which the absolute power for granting the lease

regarding the scheduled property would vest with my client.

6. That my client had duly communicated to your client the above mentioned fact

and provided her the option to choose either to pay the said consideration amount

as a token for obtaining The Scheduled property on lease which would later be

settled according to the fresh terms and conditions of the novated lease agreement

or to continue the lease on the existing property situated in Ward No. 10.

7. The tenure of the lease at the property located in Ward No. 10 lasted from

06/02/2018 to 10/07/2018 i.e. for five months but the rent as mentioned above was

only paid for a period of two months thereby creating an arrear of Rs 1, 80,000/-

(Rupees One Lakh Eighty Thousand only) i.e. the rent for the remaining three

months.

8. That after due consideration your client consented to transfer the said

consideration amount of Rs 1, 70, 00,000/- (Rupees One crore seventy lakh only)

in order to obtain an exclusive lease on The Scheduled property. Thereafter which

“Mount Carmel High School” was relocated from the leased property to the

Scheduled property.

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 9. The lease upon the Scheduled property located at Maheshmara was based upon

various mutually consented conditions. Few of which are mentioned below:-

 Tenure of the new lease was for a period of five years. (It is vital to take note

that your client citing the uncertainty of success of an educational institution

deliberately kept the tenure of the lease short).

 Incorporating the rent of Built up area and common area at the rate Rs 2,

84,000/- (Rupees Two Lakh Eighty Four Thousand only) monthly.

 No damage to the existing infrastructure was to be insured by your client

 No construction on the premise without due consent of my client as it would

have increased the tax liabilities were made sine qua non for the lease

agreement.

10. That it is pertinent to mention that my client as agreed, after the transfer of funds

duly forwarded it to the partner thereby extinguishing their all/any rights over The

School. My client on mutual trust and understanding ensured that The Scheduled

property was peacefully vacated and thereafter vested its absolute possession to

your client in order to shift the institution “Mount Carmel High School” from

Ward no. 10 to Ward No. 07.

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 11. That since June 2018 my client even without a lease deed has ensured that no

interference is caused to your client in operating her institution and has

continuously been bearing all the liabilities regarding The Scheduled property.

Thereby fulfilling all the legal responsibilities of a lessor but unfortunately the

same understanding has not being duly reciprocated by your client.

12. That my client during this period of 5years i.e. 2018 to 2023 on multiple

occassions had requested your client to execute and register a novated lease deed

based upon the fresh terms and conditions in lieu of the new location, enhanced

rent, etc. But continuously the request was prolonged by your client .Numerous

excuses such as low revenue in the initial years i.e. 2018-19, Covid lockdown for

2020 -21, etc. were put forth by your client for the delay and despite the effort of

both my clients your client failed to execute a fresh lease deed for all these years.

13. That by taking advantage of the trust my clients posted upon your client and her

institution, she not only have managed to delay the registration of a lease deed but

also as mentioned by the local staff residing at The Scheduled property had

threatened to bulldoze off quarters which was duly built by my client.

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 14. That my client while vesting your client with the possession of The Scheduled

property had categorically mentioned that any such step which causes damage to

the existing infrastructure or any new construction on the premise should be

avoided at all cost as it would prima facie be void and unlawful. But despite the

expressed instructions your client have been rampantly violating all such agreed

conditions in order to wrongfully gain maximum advantage from The Scheduled

property.

15. That your client was duly made aware of such conditions as mentioned above,

along with others terms which were sine qua non for ensuring a lawful relation to

exist. But unfortunately the actions of your client has violated all such conditions.

16. That your client had already been served with my legal notice dated 30/06/2023

and through its reply dated 26/07/2023 had put forth multiple contentions against

my client but had categorically failed to mention the sale deed dated 06/04/2019.

17. That no such sale agreement had ever been executed by my client in favor of your

client and if any such document is created and relied, would be completely

hypothetical and for the sole purpose of fabricating a false story.

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 18. That your notice dated 12/09/23 is a testament which proves beyond reasonable

doubt that your client has forged a document and now is not only liable but also fit

to be punished under criminal law.

19. That post adjusting the already paid amount of Rs 1, 70, 00,000/- (One crore

seventy lakh only) at the mutually agreed rent of Rs 2, 84, 000/- (Rupees Two

Lakh Eighty Four Thousand Only) your client is liable to pay a sum of Rs 5,

68,000/- (Rupees Five Lakh Sixty Eight Thousand only) i.e. arrear rent for the

month of August 2023 & September 2023. Rendering the total arrear to Rs

7,48,000/- (Rupees Seven Lakh Forty Eight Thousand Only) {568000 +

180000}

20. The statements made in para 1of your notice dated 12/09/23 is duly accepted as

my client is indeed the absolute owner of the Scheduled property fully described in

your notice.

21. The statement made in para 2 of your notice till the extent of declaring my client

as vendor is vehemently denied whereas the other facts in relation to the

ownership and bearing of tax liabilities is duly accepted as my client still bears all

the tax liabilities against the said scheduled property.

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 22. The statements made in para 3 of your notice are misleading, false, incorrect and

wrong. All the allegations made therein is hereby emphatically denied, such

allegations have been made with a malafide intention to create a false narrative

against my client. No agreement of sale was ever finalized between my client and

your client and no agreement in furtherance of such false narrative was executed

on 06/04/2019. Instead, on the repetitive request of your client, my client agreed to

lease out the scheduled property. The proposed lease had various mutually agreed

conditions. One of such condition was the transfer of the said amount i.e. Rs 1, 70,

00,000 /- (One Crore Seventy Lakh only) to my client.

23. The statements made in para 4 of your notice dated 12/09/23 is absolutely false

and misleading. Neither any agreement of sale had ever been finalized and

executed by my client nor was any consent given in any baibayana deed favoring

your client. As far as the credibility of Chandan Kumar being a witness to this

forged document is concerned. It will be appropriate to render him liable too for

forgery. He being a close associate of your client, it’s quite natural of him to agree

to any or all of the false narrative drawn by your client. It is sufficient to state that

you are interested in suppressing the material fact of the lease, which was mutually

decided between the two parties thereby amounts to fraud.

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 24. The statements made in para 5 of your notice is per se unlawful and contrary to

law. No such agreement as mentioned by your good self was ever entered between

the two parties.

25. The statements made in para 6 of your notice is contradictory to the chain of actual

events that has occurred between the two parties. My client on numerous

occasions had asked your client to execute and register the lease regarding the

scheduled property but unfortunately no satisfactory response was received by

your client.

26. The statements made in para 7 of your notice is false and misleading. My client

having trust and faith over your client transferred the possession of the scheduled

property in 2018. Since the transfer your client has been peacefully running her

institution over the said scheduled property. No hindrance to your client was

ensured by my client during the period of 2018 to 2023, as all the liabilities arising

out of the property was being met by my client. Your client during these five years

has immensely profiteered from the business run over the property of my client.

Thus there arises no question of any loss being suffered by your client on account

of any aspect of this current dispute. I further reiterate that no agreement had ever

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 been decided by the parties regarding sale thus the payment of any or all

consideration is completely hypothetical. This false narrative of sale is a brainchild

of your client which has no relation with the reality. This particular trick is being

used by your client to usurp the property which rightfully belongs to my client.

27. The statements made in para 8 of your notice is false, misleading and wrong. No

such agreement had ever been finalized by my client. Such statements of yours is

made with a malafide intent for the reasons already stated.

28. The statements made in para 9 of your notice are malafide and wrong and hence

vehemently denied. In fact through this reply I am directing you to call upon your

client to vacate the scheduled property and peacefully deliver the possession

to the rightful owners i.e. my clients & clear all the arrears of rent.

29. Under the expressed instruction of my client I communicate you the fact that my

client niether hold any ill intention to cause your client any wrongful loss nor

at the same time wishes to get cheated upon by the false narrative and forged

document created to unlawfully usurp the scheduled property of my client.

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 30. Despite above my clients are willing to effect a peaceful resolution of all the

issues which have erupted in the present matter, for which a respectful

participation on your behalf shall be appreciated.

31. Thus through this notice I hereby provide you with one last opportunity to stop all

the unconsented constructions, damage to the built up infrastructure and violations

of any of the agreed terms and instead recommend you to amicably settle all the

prevailing issues.

32. I hereby call upon you to vacate the scheduled property and peacefully deliver

the possession to the rightful owners i.e. my clients and clear all the arrears

which has arisen due to the leasing of the properties of my clients, failing

which my client will file all necessary suits against you for recovery of possession

of the demised premise and for damages, which may be sustained by my clients by

reason of your willfully retaining unlawful possession with the soul intention to

intimidate and defame both of my clients.

(A copy of this Notice is kept in my office for record and further necessary action

and you are also advised to keep the copy safe as you would be asked to produce in

the court)

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 Yours Faithfully

(Adv. Aman Amitabh)

SCHEDULED PROPERTY

Plot No. 359.

Ward No. 7,

Mauja Maheshmara No. 250

Near Nandan Pahar, Deoghar

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