IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION)

GURUGRAM (HARYANA)

C.S. No. 143 OF 2021

IN THE MATTER OF:

SH. MAHINDER SINGH ...............PLAINTIFF

AND

MRS. NEENA PAUL ..............DEFENDANT

WRITTEN STATEMENT FILED BY DEFENDANT

Most Respectfully Showeth:

The Defendant has gone through the averments of Paras 1 to

32 of the Plaint with several prayers, which are absolutely
concocted, created, false, incorrect and the same are hereby denied,
save those which are specifically admitted and replied herein.

1. That perusal of plaint itself clearly shows that there is no

cause of action, for filing the present suit, against the answering
defendant, even the plaintiff has already invoked clause (6) of the
agreement, and so the present suit is bad by law. The plaintiff does
not have any cause of action for filing the present suit.
2. That the suit is not maintainable in the present form. The
plaintiff has already served a Reply Notice dated 04-07-2020 upon
defendant through which he has demanded amount of Rs.80 Lakhs
from the defendant and now the plaintiff has filed suit for specific
performance instead of filing a suit for recovery only (even the
plaintiff is not entitled, as per forged agreement, committed breach
of contract). Thus the plaintiff is barred by his own acts and
conducts from filing the present suit as framed.
3. The Defendant submits that due to Pandemic Covid-19, her
Complex was declared under Containment Zone and therefore, then
nobody was allowed to move out as per the restrictions imposed by
the Chandigarh Administration and therefore herself and nobody else
was allowed to move out of residence and defendant was not in a

1
position to move out, and question of even sending her son to
Gurugram, Haryana does not arise at all.

4. The Defendant submits that the Plaint, as filed, is not tenable

under law and factual matrix and based on fabricated, forged
documents, which has no legs to stand before law and as such the
same has to be dismissed in limine with exemplary costs.

5. With regard to Para-1 of the plaint, the defendant has no

knowledge that the Plaintiff is originally from Bhiwani & allegation
of fraud being played by the defendant is absolutely false and
germane for the purpose of misleading the Hon’ble Court and to
gain sympathy and the Plaintiff is put to strict proof of the
allegations made in this Para and other paras, on the other hand it
is the Plaintiff who played fraud on the defendant by creating forged
documents which are sufficient to prove the forgery and using the
forged document as genuine. Factually, the Plaintiff has to be
punished for fraud and forgery committed by him.

6. With regard to Para 2 of the plaint pertains to suit property

purchased by the defendant, needs no reply.

7. With regard to Paras 3 to 5 of the plaint, these are incorrectly

narrated by the Plaintiff. The defendant was not in urgent
necessity of any financial necessity as alleged. It is not
disputed that the sale consideration was settled for
Rs.1,73,82,500/- (One Crore Seventy Three Lakhs Eighty
Two Thousands and Five Hundred only) on 11-01-2020,
and the area 204.5 sq. yards, Plot No.813, in Sector 9-A, in Urban
Estate, Gurugram, Haryana is not in dispute. The Plaintiff came
along with his friend Mr. Rajesh Bhardwaj at the
Residence/Flat of the Defendant in Chandigarh on 11-01-
2020 and not as alleged by the Plaintiff.

7.1 The contention of the Plaintiff that at the time of

execution of Agreement to Sale, both the parties exchanged
their details, copy of Aadhaar card, PAN Card, Voter ID
Card, E-mail ID, Mobile Number etc. for further

2
requirement with respect to the said agreement to sell are
absolutely false and germane for the purpose of suit.
Various correspondence and recorded talks took place and
as per clause No. 13 and terms of the alleged agreement do
not reflect or speaks of any exchange of the documents
between the Plaintiff and the Defendant.

7.2 Factually with the help of her son, she intended to

sell her suit plot and that with the help of online
information several property dealers were informed for the
sale of Suit Plot. The Plaintiff and his associate/ friend,
who introduced himself as Mr. Rajesh Bhardwaj, Proprietor
of M/S Raj Laxmi Properties, a leading property dealer and
having his office in House No.658, Sector 9, Gurugram,
Haryana State; and disclosed that he is having genuine and
capable buyers with him, who are ready to purchase the
Suit property/plot and disclosed the name of the Plaintiff
as genuine and capable buyer for purchasing the Suit
property and not as falsely stated by the Plaintiff. At no
point of time any direct talks took place with the Plaintiff
as falsely alleged by him.
7.3 That the Defendant’s son informed the said Property
Dealer Mr. Rajesh Bhardwaj that his father (Shri Baldev
Raj Paul) had undergone heart surgery and was not
keeping good and proper health and he himself is also not
available on account of his service. But Mr. Rajesh
Bhardwaj insisted that the Plaintiff who is a genuine buyer
may slip and the defendant will not get a good buyer and
prevailed, motivated and induced Defendant’s son with his
buttery words to enter into the alleged sale agreement
thereby assuring that the entire sale consideration shall be
paid in time and also informed that he and Plaintiff will
come to Chandigarh to complete the sale transaction and
thus lured Defendant’s son with flattery language. It is not
disputed that the sale consideration was settled for

3
Rs.1,73,82,500/- (One Crore Seventy Three Lakhs Eighty
Two Thousands and Five Hundred only) on 11-01-2020
when the Plaintiff came along with his friend Mr. Rajesh
Bhardwaj at the Residence/Flat of the defendant in
Chandigarh and not as alleged by the defendant. No
Agreement was ever executed in Gurugram on 10-01-2020
as falsely contended by the Plaintiff.

7.4 On execution of alleged sale agreement on 11-01-2020 at

the Residence/Flat of the defendant and in the presence of
the witnesses, an amount of Rs. 40,00,000.00 (Rs. Forty
Lakhs) was paid in cash and by two Cheques, but not on
10-01-2020 as falsely contended by the Plaintiff.

8. With regard to Para 6 to 8 of the Plaint, it is submitted that

as per Cl. 13 & 17 which specifically states that the Plaintiff
intended to transfer the suit property in the name of any person(s)
as desired by the Plaintiff or through GPA. Having so agreed, now
the Plaintiff can’t revert back or deny his responsibility of furnishing
the name of the Transferee by furnishing his AADHAAR Card
Number & PAN Number, Mobile Number, E-mail and Voter ID of
himself or in whose name it is to be transferred, whereby enabling
the Defendant to obtain NOC from the concerned Authorities. Hence
the contention of the Plaintiff that NOC was agreed to be obtained
by 12-05-2020 is absolutely false and created for the purpose of the
suit as no AADHAAR Card Number & PAN Number was given to the
Defendant at the time of execution of the alleged Agreement on 11-
01-2020. The Defendant made several correspondences and talks
took place with the Plaintiff, wherein he expressed his financial
constraint and expressed his inability to perform his obligation of
getting ready to perform his part of contract and this fact is also
manifest from Cl. 14 of the said agreement, which specifically states
that the Plaintiff proposes to get loan from the Financial Institutions
to purchase the suit Plot, failing which the Defendant has to return
the earnest money.

4
8.1 The Plaintiff further stated in Cl. 7 of the alleged agreement that
on his failure to purchase the suit Plot the Defendant is entitled to
forfeit the earnest money paid by the Plaintiff amounting to Rs. 40
Lakhs and not as now claimed by the Plaintiff.
8.2 As the Plaintiff has not furnished the documents as mentioned
in Para 7 and 8 of this written statement, the Defendant was
constrained to terminate the alleged Agreement to Sale dated 11-
01-2020 by issuing the Legal Notice dated 23-06-2020 through her
Lawyer. Further from various talks and correspondences, several
Chats, WhatsApp, e-mail and writer intimations, the Plaintiff
expressed his inability to purchase the suit Plot.

8.3 The contention of the Plaintiff in Paras 7 and 8 are absolutely

incorrect and false as the Plaintiff has not provided the required
documents to enable the Defendant to obtain NOC from the
concerned Authorities for the explanations aforementioned.
9. With regard to Para 9 of the Plaint, it is submitted that as the
Plaintiff has not provided the required documents, as
aforementioned, to enable the Defendant to obtain NOC from the
concerned Authorities and as such NOC could not be obtained by
the Defendant. Nothing prevented the Plaintiff from providing
necessary documents to the Defendant to enable her to apply and
obtain NOC from the concerned Authorities, when the same was
repeatedly demanded by the Defendant.
10. With regard to Para 10 of the Plaint, it is submitted that as the
Plaintiff has not provided the required documents, as
aforementioned, to enable the Defendant to obtain NOC from the
concerned Authorities, the registration of the sale deed could not be
given effect by 12-05-2020, and further due to Pandemic Covid
restrictions were imposed and all the offices were closed till 07-06-
2020.
11. With regard to Para 11 to 14 of the Plaint, the contention of the
Plaintiff that from May and June the Defendant made vague,
baseless and concocted communications in respect of the alleged
agreement dated 11-01-2020 and not 10-01-2020 as falsely

5
contented by the Plaintiff. It is further submitted that as the
Plaintiff has not provided the required documents, as
aforementioned, to enable the Defendant to obtain NOC from the
concerned Authorities, the Defendant was prevented by the Plaintiff
from proceeding further in the matter to comply her obligations to
complete the sale transaction and not as falsely contended by the
Plaintiff.
11.1 The contention of the Plaintiff in Para 13 that the Defendant
with malafide intention started manipulating the facts such as
disputing the date of the execution of the said agreement to sell ,
further alleging the Plaintiff financial hardship are absolutely
incorrect, false and denied by the Defendant but it is vice versa,
where the Plaintiff has manipulated, created forged sale agreement,
affixing the forged signature and stamp of Notary Shri R.N. Malik
Dated 10-01-2020, which is specifically denied by the said Notary
Shri R.N. Malik, who furnished the details of the Notarizing the
documents by him on 10-01-2020, which is not reflected or found
in the register maintained by him and he has given necessary
documents to the Defendant denying his signature and seal on the
alleged Sale Agreement dated 10-01-2020.
11.2. As the plaintiff was not responding to the request of the
Defendant, as aforementioned, the Defendant was constrained to
terminate the alleged agreement of sale Dt. 11-01-2020 by issuing
the Legal Notice dated 23-06-2020 and the Plaintiff to save his skin
for the breach of contract and fraud played by him got replied
through his Lawyer dated 04-07-2020 and further to suppress his
illegal acts lodged a false complaint dated 22-07-2020 with the
police to pressurize the Defendant to yield to his illegal acts but
could not succeed.
12. With regard to Paras 15 to 24 of the Plaint which are false,
concocted, germane and created for the purpose of the suit. The
Defendant is denying all the allegations made in these Paras for the
aforementioned explanations. As the Plaintiff could not succeed in
pressurizing the Defendant through his Letter dated 04-06-2020
wherein he categorically stated “I by invoking clause (6) of

6
agreement, call upon you to pay double the amount of Rs 40/-
Lacs to me within 15 days of receipt of this demand, failing
which I have to take legal remedies available to me”. Further in
another Letter dated 05-06-2020 he again admitted that “I hereby
once again call upon you to comply with my demand made by
me in my reply dated 01-06-2020 through courier and through
Whatsapp, serviced upon you on 04-06-2020. However to cut
short the controversy I am willing to accept refund of my
Rupees Forty Lacs along with interest @ 10% per annum, only
if you refund the said amount within 7 days of receipt of this
communication, failing which I will claim double the amount as
I am entitled as per the terms of the Agreement. Regards
Mahinder Singh”. Further in his reply dated 04-07-2020 through
his Lawyer he demanded to pay Rs. 80 lakhs. Having demanded for
the refund of the amount, the further contentions of the Plaintiff
expressing his readiness to perform his part of the contract/alleged
sale agreement is not tenable under law and factual matrix of the
case which stands disproved and not tenable in view of various
documents as mentioned supra.

13. With regard to Paras 25 to 32 of the Plaint, these are absolutely

incorrect, false and denied by the Defendant for the aforementioned
explanations.

13.1. The contention of the Plaintiff in Para 27 that he made

several attempts to contact the Defendant who deliberately avoided
the Plaintiff on one pretext or other and the Defendant is trying to
sell the suit Plot are absolutely incorrect and false and created for
the purpose of the suit. There is no iota of truth for the allegations
made in all these Paras of the Plaint which are absolutely false,
concocted, created for the purpose of the suit. No single phone call
was received from the Plaintiff by the Defendant. Factually as the
prices of the properties rising high in Gurugram, which lured the
Plaintiff to enrich himself by foul and illegal means by filing the
present false suit against the Defendant.

7
14. All the averments of the Plaint made in Paras 1 to 32 are
incorrect, false and denied by the Defendant save those which are
not specifically admitted and replied herein.

15. The Plaintiff by playing fraud on the Defendant, deliberately

creating forged documents dated 10-01-2020 and thereby
compelling the Defendant to sign the sale agreement on 11-01-
2020, whereby the health of the Defendant deteriorated, caused
mental tension and agony and still the defendant is under deep
depression, hence the Defendant is entitled for minimum
compensation and damages of Rs 50,00,000/- (Fifty Lakhs only)
and the same be granted.

PRAYER

In view of the explanations, narration of facts and circumstances, the

Defendant most respectfully prays that the Hon’ble Court maybe
pleased to:

a) To dismiss the suit of the Plaintiff with exemplary costs.

b) To punish the Plaintiff for playing fraud on the Hon’ble Court by
creating forged and fabricated documents viz.: Sale Agreement
dated 10-01-2020.
c) To grant damages and compensation of Rs. 50/- Lakhs to the
Defendant against the Plaintiff and his assets both movable and
immovable.

Place: Chandigarh
Date: 11-03-2023 DEFENDANT

VERIFICATION:

Verified that the contents of above Written Statement under

Paras 1 to 15 are true and correct to the best of my knowledge

and nothing has been concealed therein at all. Verified at

Chandigarh on 11th of March 2023.

8
 DEFENDANT
Smt. Neena Paul, Wife of Sh. Baldev
Raj, resident of Flat No.32, Young
Dwellers Complex, Sector 49A,
Chandigarh-160047.

Through: Sh. B. S. Yadav,

Advocate, Gurugram.