SIDDHARTH COLLEGE OF LAW

DRAFTING, PLEADING &

CONVEYANCING

“A Practical submitted to Siddharth College of Law for

the 3rd Year L.L.B. Degree Course”

Submitted by

Name: Ms. Jyoti

Khairmode Roll No.: 104

2021-22

Date: 20th April,2022

 INDEX

SR. NO. TOPIC PG NO.

I DRAFTING
01 Introduction 01
02 General Principal of Drafting & relevant substantive 01 - 02
rules
03 Importance 02 - 03
04 Rules relating to Drafting 03 – 04
05 Steps for Drafting 04 - 05

II PLEADINGS
06 Introduction 06
07 History of Pleading 06 - 07
08 Meaning of Pleading 07
09 Object & Function of Pleading 08
10 Rules of Pleading in India:
a) General Rules 08 - 10
b) Fundamental Rules 10 - 11

III CIVIL
11 Plaint 12 - 13
12 Written Statement 14 - 16
13 Interlocutory Application 17 - 18
14 Original Petition 19 - 21
15 Affidavit 22
16 Execution Petition 23 - 24
17 Memorandum of Application:
a) Appeal 25 - 26
b) Revision 27 - 31
18 Petition under Article 226 & Article 32 of The 32 - 37
Constitution of India

IV CRIMINAL
19 Complaint 38 - 41
20 Criminal Miscellaneous Petition 42
21 Bail Application 43 - 44
V CONVEYANCING
22 Definition of Conveyancing 45
23 History of Conveyancing 45
24 Object of Conveyancing 46
25 Functions of Conveyancing 46
26 Sale Deed 47 - 50
27 Mortgage Deed 51 - 53
28 Gift Deed 54 - 55
29 Lease Deed 56 - 59
30 Will 60 - 61
 DRAFTING

INTRODUCTION

Drafting is a science and can be acquired only by long practice. In simple terms, drafting refers
to the act of writing legal documents. The key feature of drafting is that it presents a brief
knowledge about the significant facts of the situation or issue. Drafting demands a lot of skills
combined with patience from the advocates. A properly drafted document aims at accuracy and
truth.
In a general sense, it is an outline of a document or of something that needs to be done. One may
prepare it as a rough sketch of a document from which a final document is prepared.

GENERAL PRINCIPALS OF DRAFTING

The process of drafting is governed by four principles:

 Formation of outline in a satisfactory manner: - “the draft is the skeleton of a

document.” This statement suggests that the prepared draft should be elaborate
and should address all critical issues. In a nutshell, a draft should be:
o As detailed as possible

o Not be vague

o Able to fulfil the consideration of relevancy, content unity, chronology, and

coherence.

o Such that every paragraph should contain one major point.

 Emphasis on the arrangement of facts: – A deep emphasis should be put on the

manner in which the facts of the case are arranged. The facts should be arranged step
by step to reflect an organized analysis of the problem. There must be uniformity
and consistency in the presentment of ideas.

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  Style and language: – Style is an important factor for the transport of ideas. A clear
presentation is an essential requirement for clear thinking. The style should be simple
with the most appropriate use of legal terms that would convey the facts in a precise
and simple manner. The language too should be simple and faultless. Illogical
paragraphing, poor punctuation, incorrect spelling, and other such language that
virtually render a promising document to be worthless shall be avoided. Repetitions
should be avoided.

 Physical characteristics: – The draft should be typed on standard quality paper (20 by
30 cms) with margins of 4 cms. at the top and left side and 2.5 to 4 cms. on the right
side and bottom.

OTHER PHYSICAL CHARACTERISTICS INCLUDE: -

 Numbering of each page

 Numbering of preliminaries in Roman Numbers (i, ii, iii) and Main Text in Arabic
(1, 2, 3 etc.)

 Number of pages should appear in the upper right corner 2.5 cms., from the top
and side

 The body of the document to be double spaced normally.

 Each paragraph should be intended 5 spaces and every paragraph should be numbered.

 All sheets to be strongly tied together.

IMPORTANCE

a) Thinking and Communication

Legal drafting serves as the most essential instrument of legal communication. Good drafting
skill is also a skill to think and communicate well. Hence, it is essential to recognize the purpose
that is served by a legal document.

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b) Targeting the Reader

A lawyer having good legal drafting skills can identify his target audience, i.e., the readers of the
document. The content of such a legal document needs comprehension by the audience reading it.
For example, a legal notice sent to the opposite party must not be loaded with a legal cliché
making the party disabled from appreciating the legal issue and the remedies sought from him.

c) Proper Structuring

Legal drafting skills also ensures the proper structuring of a legal document. An unstructured or
poorly structured document is exclusive of balance and ineffective. Overuse of negative
assertions or an offensive tone can transform the document into being confrontational. A
document independent of such failures and errors is deemed as most authentic and useful.

d) Improvement of Researching and Drafting Skills

Legal drafting skills also involve the art of drafting genuine documents rather than using a
template format for the drafting of every agreement or notice. It is crucial that every document
drafted is devoid of plagiarism or groundless, incredulous content. Each assertion needs to be
endorsed by case law, precedent, or statute. This in turn necessitates the conducting of legal
research prior to becoming involved in drafting a document. Doing legal research is necessary for
constructing a backdrop and basic structure of a legal document, thereby enabling the court to be
concurring with its content effortlessly.

e) Improving the drawbacks

Legal drafting skills also involve the use of feedback from the court as well as the clients
and improving the deficit areas of the legal document. For this It is imperative to appreciate
that whether the client gets occupied with doubts or manages to comprehend even the highly
complicated legal procedures and technicalities after going through the legal document.

RULES RELATING TO DRAFTING

Following set of rules should be followed: –

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  Before making a draft, a design of it should first be conceived.

 One should make sure that none of the facts are omitted or admitted at random.

 Negative statements should be avoided.

 Technical language should be followed.

 The legal language employed should be precise and accurate.

 Draft should be readily intelligible

 Due care and attention should be placed on the rules of legal interpretation and
the case law pertaining to the related matter.

 The drafted document should be clearly understood by a person who has competent
knowledge of the subject matter.

 The draft should be self-explanatory as far as possible.

 The draft should be divided into paras and each para should contain a distinct
subject matter.

 Arrangement of facts should be done logically

 Use numbers and letters for sub-clauses and paragraphs.

 Choices of words should be such that they easily convey the meaning of the writer.

 The words used should reflect politeness to convey more in a kind, natural
and justifiable manner.

 The draft should be read once or twice before passing it for consideration.

STEPS FOR DRAFTING

1. Writing the First Draft

Think your ideas aloud before writing them down so that the thoughts are expressed clearly.
Once you have the initial rough draft, fill in the relevant missing details as per the standard
document structure. Write as per your content outline using bullet points and indentation for the
headings, sub-headings, and minor headings.

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 2. Re-Drafting

After completing the first draft, wait for a few days before editing it. Improve the draft by
evaluating every word, sentence, and paragraph with an objective of designing concise and
correct content.

 Include any omitted necessary details.

 Make sentences tighter and clearer.

 Check that the tense is consistent.

 Correct the spelling, grammar, and punctuation.

 Use active voice and first person when appropriate.

 Re-arrange the sequence of sentences or paragraphs and check the flow.

3. Writing the Final Draft

Write several drafts, with each one an improvement on the last one. Keep revising the final draft
till you are satisfied with the final output. Show it to colleagues and get their feedback. Discuss
the suggestions and implement the necessary corrections or changes.

 Type the final copy of the document.

 Proofread word by word, and figure by figure.

 Sign and/or type your name or initials at the end of the document.

 Send the document to the reader.

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 PLEADINGS

INTRODUCTION

Pleadings form the foundation for any case in the court of law. It is a statement in writing filed
by the counsel of plaintiff stating his contentions on the case, on the basis of which the defendant
shall file the written statement defending himself and explaining why the plaintiff’s contentions
should not prevail. Sometimes the plaintiff, having filed his plaint, may, with the leave of the
court, file a statement or the court may require him to file a written statement. In such cases, the
written statement forms part of the plaintiff’s pleadings. Similarly, there are cases in which the
defendant having filed his written statement may, with the leave of the court, file an additional
written statement or the Court may require him to do so. In such cases the additional written
statement also forms part of the defendant’s pleadings. This is the first stage of a suit. Code of
Civil Procedure (CPC) in order 6, Rule 1 defines pleadings as a written statement or a plaint. The
plaintiff’s written statement and the defendant’s additional written statement are termed
supplemental pleadings.

HISORY OF PLEADING

Pleading in early American law was done through common law writs (for example demurrer).
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law
filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of
fact that give rise to one or more legal causes of action along with a prayer for relief and
sometimes a statement of damages claimed (an ad quod damnum clause). In some situations, a
complaint is called a petition, in which case the party filing it is called the petitioner and the other
party is the respondent. In equity, sometimes called chancery, the initial pleading may be called
either a petition or a bill of complaint in chancery.

In England and Wales, the first pleading is a Claim Form, issued under either Part 7 or Part 8 of
the Civil Procedure Rules, which sets out the nature of the action and the relief sought, and may
give brief particulars of the claim. The Claimant also has the option, under Practice Direction
7A.61 to serve Particulars of Claim (a document setting out the allegations which found the cause
of action) within 14 days of issue of the Claim Form.

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When used in civil proceedings in England and Wales, the term "complaint" refers to the
mechanism by which civil proceedings are instituted in the magistrates' court and may be either
written or oral.

A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of
the opponent's pleading (usually a complaint) and demands that the court rule immediately about
whether the pleading is legally adequate before the party must plead on the merits in response.
Since demurrer procedure required an immediate ruling like a motion, many common law
jurisdictions therefore went to a narrower understanding of pleadings as framing the issues in a
case but not being motions in and of themselves and replaced the demurrer with the motion to
dismiss for failure to state a cause of action or the application to strike out particulars of claim.

An answer is a pleading filed by a defendant which admits or denies the specific allegations set
forth in a complaint and constitutes a general appearance by a defendant. In England and Wales,
the equivalent pleading is called a Defence.

A defendant may also file a cross-complaint against another defendant named by the plaintiff,
and may also file a third-party complaint bring other parties into a case by the process
of impleader.

A defendant may file a counter-claim to raise a cause of action to defend, reduce or set off the
claim of the plaintiff.

MEANING OF PLEADING

The term “Plead” generally means to request or ask for something in an emotional or humble
manner. This request can be made either orally or in written format or in any other form to
signify the request being made by one before another person or entity which is in a position to
entertain and grant or reject such request. The content of such request, in general, is known as
pleading.

According to Mogha, “Pleadings are statements in writing drawn up and filed by each party to a
case, stating what his contentions will be at the trial and giving all such details as his opponent
needs to know in order to prepare his case in answer”.

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OBJECTIVE OF PLEADING

The whole objective behind pleading is to narrow down on the issues and provide a clear picture
of the case thereby enhancing and expediting the court proceedings. The pleadings help both the
parties know their point of dispute and where both parties differ so as to bring forth the relevant
arguments and evidence in the court of law.

The Supreme Court on 25th March 1972 while disposing a case praying for certain amendments
in an election petition, observed that rules of pleadings are intended towards giving justice and to
act as aids for fair trial.

RULES OF PLEADINGS

The four words which can crisply summarise the rule of pleading is ‘Plead facts not law’. The
counsel of both the parties should only project the facts in their respective case rather than
suggesting on the laws applicable in the particular case.

To gain a crystal-clear understanding of the same, the rules can be studied in two parts that is:

1) General Rules

2) Fundamental Rules

GENERAL RULES

1. Particulars with dates and items should be stated wherever fraud, misrepresentation,
breach of trust, undue influence or wilful default are pleaded in the pleadings.

2. Generally, departure from pleading is not permissible, and except by way of

amendment, no party can raise any ground of claim or contain any allegation of fact
inconsistent with his previous pleadings.

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3. Non-performance of a condition precedent should be specifically mentioned in the
pleadings. Performance of the same shall not form a part of the pleadings since it is
already implied.

4. If the opposite party denies a contract, it will be held as denial of the facts of the
contract and not its validity, enforceability, and legality.

5. Wherever malice, fraudulent intention, knowledge, or other condition of the mind of a

person is material, it may be alleged in the pleading only as a fact without setting out
the circumstances from which it is to be inferred.

6. Unless the facts are material, there is no need for the facts to be stated in verbatim.

7. Pleadings should only state the giving of a notice, when it is required to give a notice
or condition precedent, without disclosing the form or manner of such notice or giving
details of any circumstances from which, the form of notice can be determined, unless
the same is material.

8. Implied relations between persons or contracts can be alleged as facts and the series of
conversations, letters, and the circumstances from which they are to be inferred should
be pleaded generally.

9. The facts which deal with onus of proof, or which favours a party shall not be pleaded.

10. Every pleading should be signed by the party or one of the parties or by his pleader.

11. A party to the suit shall provide with his and the opposite party’s address.

12. Each and every pleading need to be approved by making an affidavit by the party or a
person who is acquainted by the facts stated in the pleading.

13. A pleading may be ordered to be strike out by a court of law, if it feels the same is
scandalous, frivolous, unnecessary, or intended towards embarrassing, prejudicing, or
delaying a fair trial in the court.

14. Amendment of pleadings shall be allowed by the court

15. The pleadings shall be divided in proper paragraphs whenever required, consecutively
numbered, and structured properly. Every argument or allegations must be in separate

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 paragraphs. Dates, sums, and any totals shall be expressed in figures as well as in words
so as to maintain clarity for the judge as well as the parties concerned in the trial.

16. Forms in Appendix A of the Code should be used wherever they are applicable. Where
they are not applicable, forms of like nature should be used.

FUNDAMENTAL RULES

Basic or Fundamental Rules are discussed in the sub-rule (1) of Rule 2 of Order VI of the Code
of Civil Procedure, 1908. Summarising the provision, the basic rules of pleadings are the
following:

1. Facts should be pleaded upon and not the law

This was first held in the case Kedar Lal v. Hari Lal where it was held that the parties are under
the duty to state the facts on which they are claiming their compensation. The court shall apply
the law as per the stated facts to render the judgement. One should not assert or apply any laws for
claiming right on the stated facts.

2. Material facts should be pleaded

The second basic rule is to present facts which are material only. Immaterial facts shall not be
considered. The question arose in the court of law that what is the actual scope of ‘material facts.
It was decided by the judge in the case Union of India v. Sita Ram that material facts will be
inclusive of all those facts upon which the plaintiff’s counsel will claim damages or rights as the
case may be or the defendant will put forth his defence. In nutshell, facts which will form the
basis for claiming a right or compensation by the plaintiff or prove the defendant’s defence in the
written statement will fall under the ambit of being ‘material’.

3. Evidence should not be included while pleading

It says that pleadings should contain a statement of material facts on which the party relies but
not the evidence by which those facts are to be proved.

There are two types of facts:

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  Facts probanda: the facts which need to be proved, i.e., material facts

 Facts probantia: facts by which a case is to be proved, i.e., evidence

Only facts probanda should form the part of pleadings and not facts probantia. The material facts
on which the plaintiff relies for his claim, or the defendant relies for his defence are called facta
probanda, and they must be stated in the plaint or in the written statement, as the case may be.

4. Facts in concise manner should be presented

This is the last and final basic rule of pleadings. Compressed and crisp presentation must be
adhered while presenting the pleadings. At the same time, it must be kept in mind that in order to
maintain brevity of facts one should not miss out on important facts in the pleadings. Pleadings
can be saved from superfluity if one takes care in syntax.

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 PLAINT

IN THE CIVIL COURT AT SAKET NAGAR, DELHI

SUIT NO. 166 OF 2020

Abhinav Sharma

B104, Malviya Nagar, New Delhi ……Plaintiff

V.

Sharmistha Sharma

Malviya Nagar, New Delhi ……Defendant

SUIT FOR THE INJUNCTION ON THE USE OF UNUSED LAND AS A DUMPING

AREA

The Plaintiff submitted as under:

1. The plaintiff is a resident of Malviya Nagar, New Delhi, and the Defendant is a
neighbour of the plaintiff.

2. Unused land is near the house of the plaintiff, which is used by the resident of
B106 i.e., defendant as a dumping yard for the waste material of her house.

3. That the Defendant was all the time throwing the waste material in that unused
land near the house of the plaintiff.

4. Since a very long time of being used as a dumping yard by the defendant, there is a
collection of huge waste material that leads to the health problem of the plaintiff.

5. That the court has jurisdiction on this matter to fix an injunction on the use of
unused land as a dumping area as it restricts his free movement and leads to affect
health due to defendant action.

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PRAYER:

It is Prayed that a decree for the injunction is passed in favour of the plaintiff against the
defendant. And some other relief as the court thinks fit.

Place: Malviya Nagar Signature

Date: 04/02/2020 (Abhinav Sharma)

VERIFICATION:

In the above-named plaintiff do hereby verify that the contents of the paras no. 1,2,3 and 4 are
true to my knowledge and the contents of remaining paras are according to legal advice from
my advocate which I believe to be true.

Place: Malviya Nagar s/d of Plaintiff

Date: 04/02/2020 (Abhinav Sharma)

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 WRITTEN STATEMENT

FACTS

‘A’ an aged widow about 80 years is the owner of immovable properties in Hyderabad. She
has a son „B‟, who was having a wife „C‟. All are Indian Christians. A is purported to here
executed an irrevocable indenture of settlement, by which the income of all the said properties
is supposed to have been given over to „B‟ and „C‟. „C‟ has filed a suit against „A‟ & „B‟
for carrying out the provision of the said deed of settlement. She has also alleged in her plaint
that, the income, possession, and management are denied to her. „A‟ wants to contend in
defence that the said deed was brought about by „B‟ & „C‟ under influence and
misrepresentations that neither the possession nor the management was ever handed over to
„B‟ and „C‟ and the said deed was never handed over upon, and that, she was still the sole
owner in possession and management of the properties in suit.

IN THE CITY CIVIL COURT

AT HYDERABAD

SUIT NO. 19 OF 2013

C aged 32 years, Christian inhabitant Residing at S.R. Nagar, Hyderabad

……Plaintiff

Vs

1) and

2) B
……Defendants

Defendant No: 1 above named states as follows:

1. Defendant No. 1 admits execution of the irrevocable indenture of settlement

infavor of defendant No. 2 and the plaintiff but pleads that she was induced
to do so by the undue in influence and misrepresentations, of defendant No. 2
and

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 the plaintiff as follows.

a) the defendant was several times threatened with life by

the plaintiff anddefendant No.2

b) on 9th April 2013, the plaintiff and defendant No. 2 B brought an alleged
magician in this defendant’s house and threatened this defendant that they
would have black magic performed by the magicians and thus kill this defendant.
This defendant, being old, submitted to this diction and executed the
indenture of settlement accordingly.

c) Defendant No. 2 and the plaintiff represented to defendant No. 1 that the
deedwas one of the General powers of Attorney, empowering the plaintiff
and defendant No. 2 to manage the property of defendant No.1.

d) Defendant No. 2 and the plaintiff misrepresented to a [Link].1 that it was

legallynecessary for defendant No.1 to execute a power of attorney and appoint
‘B’ and ‘C’ as managers of defendant No. 1 property.

This defendant says that neither the possession nor the management of the
property in suit were handed over to the plaintiff or defendant No.2. The
indenture of settlement was times never acted upon as alleged. This,
defendant therefore is still the full owner in possession and management of
the properties in suit.

The Defendant therefore prays and counter claims

That it may be declared that the said deed of settlement be declared null and void as
against her and that the same day by order of this honourable court be cancelled. This suit
be dismissed with cost.

Date:

Defendant No.1

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VERIFICATION

I, defendant, to hereby declared that the facts stated above true and correct to
thebest of my knowledge, information, and belief.

Advocate of defendant Defendant No. 1

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 INTERLOCUTORY APPLICATION

BEFORE THE APPELLATE TRIBUNAL FOR

ELECTRICITY IA NO. OF 200

In

Appeal/Original Petition No. of 200

CAUSE TITLE

Set out the Appeal No. of 200

Appeal / Petition short cause title

Set out the 1. Appeal No. 200

Cause Title – Interlocutory Application

Petition for stay/direction/dispense with/condone delay/calling records

The applicant above-named state/s as follows:

1. Set out the relief (s)

2. Brief facts

3. The basis on which interim orders prayed for

4. The balance of convenience, if any:

(All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on

its behalf and attested by a Notary Public).

DECLARATION

The applicant above named hereby solemnly declare that nothing material has been concealed
or suppressed and further declare that the enclosures and typed set of material papers relied

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upon and filed herewith are true copies of the originals or fair reproduction of the originals or
true translation thereof.

Verified at dated at this day of 200.

Counsel for Applicant

VERIFICATION

I (Name of the applicant) S/o. W/o. D/o. (indicate any one, as the
case may be ) age working as in the office of
resident of do hereby verify that the contents of the
paras to are true to my personal knowledge / derived from
official record ) and para to are believed to be true on legal advice
and that I have not suppressed any material facts.

Date:

Place:

Signature of the Appellant/Petitioner or authorized officer

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 ORIGINAL PETITION
FACTS:

Mohan Reddy and Saraswathi both having married to each other, lived happily forabout two
years after the marriage, but since one year S. Mohan Reddy, was subjecting his wife to both
physical and mental cruelty.

In the circumstances, Saraswathi submits that it has become undesirable andimpossible for
her to live with her husband Mohan Reddy, Saraswathi seeks a decree for judicial
separation.

Draft a petition for Sujatha

IN THE FAMILY COURT JUDGE, TIRUPATI

MARRIAGE O.P.
NO. 17/2011

Smt. Saraswathi.....................Petitioner

Vs.

Mohan Reddy....................Respondent

Petition filed on behalf of the petitioner under Hindu Marriage Act.

Name of the Petitioner

Smt. Saraswathi, W/o S. Mohan Reddy, Hindu aged about 30 years housewife
residing at 17-6-93, Brahmin Street, Tirupati.

The address of the petitioner for the service of notice etc. is as stated above and
care of her counsel. Smt. V. Geetha, Advocate, Tirupati.

Name of the Respondent: S. Mohan Reddy, S/o. Raja Reddy, Hindu aged about 32
years, Doctor by Profession, residing at 8-3-97, G.S. Mada Street, Tirupati. The

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address of the respondent for the service of notices etc. is as stated.

The petitioner submits that she is legally married wife of the respondent. This
marriage was celebrated in the year 2008 at Tirupati. At the time of marriage, the
petitioner’s parents gave 25 thulas of gold and Rs. 2,00,000/- in cash as dowry to the
respondent. The marriage was consummated immediately.

The petitioner submits that, she is the legally married wife of the respondent.
Their submits that respondent has started his nursing home at Reddy & Reddy
colony and gained good reputation and were happy for 2 years i.e., since 2011 his
life started to have ups and downs.

The petitioner submits that the respondent slowly cultivated the bad habits and became
share to alcohol and used to have ephedrine etc. So have slowly began to lose his sexual
potency and attach become a total impotent. When he has been taken to Appolo Hospital,
Madras, the doctors have concluded that he lost his potency because of excessive narcotic
drugs and alcohol. The respondent became frustrated in his life. He gave up his practice
slowly the petitioner sold her jewels tomaintain the family. Her parents also helped to
some extent.

The petitioner submits that because of inferiority complex the respondent startedto
suspect the character of the petitioner. He used to abuse her with vulgar and filthy words
that, she had illegal connections with others. He used to abuse hereven, if beggar stands
Infront of the house, as the beggar is awaiting for her. Shetolerates all these mental
tortures added to this the respondent used to put cigarettes on her breast thighs and other
private parts and burn them. He enjoysher screaming. Sometimes he gaged her mouth with
cloth and subject her to physical cruelty.

The petitioner further submits that on 10.02.2011 he made her naked put the blade
on her left breast and applied chillies powder on the wound she cried loudly
apprehending danger and her neighbor, and her mother-in-law came there and saved
her from the clutches of the respondent than on 11.02.2011 she came away to her
parents’ house. She apprehends danger to her parents’ house also. She apprehends
danger to her life in the hands of the respondent and it is impossible for her to live
with such sadistic husband. Hence the petition for Judicial separationFiled.

The cause of action for this petition for Judicial Separation arose on 01.02.2003 the

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date of marriage and 10.02.2011 when she frightened of her life ran away toher
parents’ house continues de divindum with the jurisdiction of this honorablecourt.

The value of the petition for the purpose of court fee is of Rs. ……………………………
Net and fixed court fee of Rs. 10/- paid V/Sec of A.P.C.F. & S.V. Act.

The petitioner submits that no similar petitioner has been filled so far before any
court.

PRAYER

The petitioner therefore prays that the honorable court may be pleased to passan
order and decree.

(a) Declare that the marriage has been dissolved by judicial separation.

(b)Direct the respondent to pay cost of the petition. And pass such others
and further orders as it deem fit and proper in the circumstances of the
case.

Advocate for petitioner Petitioner

VERIFICATION

I, the petitioner does here by declare that the facts state above is true and correctto the
best of my knowledge and belief and signed this verification on this the 25.02.2011 at
Tirupati.

LIST OF DOCUMENTS

1) 01.02.2008 marriage invitation card.

2) Doctor prescription with wound certificate.

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 AFFIDAVIT

If the name of a person does not have a last name, then his/ her father's first name should be
filled in the mandatory 'Last Name' field. In such a case, an affidavit duly notarized by a
Notary Public should also be submitted along with DIN application, in the format given
below:

(If ID proof has single name for applicant)

I (Applicant Name as per id proof), residing at _ (Address as per address proof)
do solemnly affirm and stated as under:
I am and my name , appearing on the enclosed ID proof, is single name. My
father’s name is . For applying DIN application of mine, I am mentioning
my father’s name " " as my Last name, as this a mandatory requirement for
applying DIN. (Referred point no. 16 in FAQ at [Link]). Both names denote one
and the same person.
I solemnly state that the contents of this affidavit are true to the best of my knowledge and
belief and that it conceals nothing and that no part of it is false.

Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure,
1908) and same should not be attested either by Chartered Accountant or Company
Secretary or Cost Accountant.

(If ID proof has single name for applicant’s father)

I am and my father’s name , appearing on the enclosed ID proof, is single
name. My grandfather’s name is . For applying DIN application of mine, I am
mentioning my grandfather’s name " " as my father’s Last name, as this a
mandatory requirement for applying DIN. (Referred point no. 16 in FAQ at
[Link]). Both names denote one and the same person.
I solemnly state that the contents of this affidavit are true to the best of my knowledge and
belief and that it conceals nothing and that no part of it is false.

Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure,
1908) and same should not be attested either by Chartered Accountant or Company
Secretary or Cost Accountant.

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 EXECUTION PETITION

IN THE COURT OF

Decree Holder

VS

Judgment Debtor

Dated

The Decree Holder prays for execution of the Decree/Order, the particulars whereof are
stated in the columns hereunder.

1. No of Suit

2. Name of Parties

3. Date of Decree/order of which

execution is sought

4. Whether an appeal was filed

against the decree / order under
execution

5. Whether any payment has been

received towards satisfaction of
decree-order

23
6. Whether any application was
made previous to this and if so
their dates and results

7. Amount of suit along with

interest as per decree or any other
relief granted by the decree

8. Amount of costs if allowed by

Court

9. Against whom execution is sought

10. In what manner court’s assistance is

sought

The Decree Holder Humbly Prays that:

Decree Holder

VERIFICATION:
I, do hereby verify that the contents of this
application are true to my knowledge or belief.
Delhi.
Dated….................Signature of Decree Holder

Through
Advocate

Order:

24
 MEMORANDUM OF APPLICATION
APPEAL

IN THE COURT OF THE DISTRICT JUDGE AT

Civil Appeal No. /20

Appellant
Vs.
Respondent

BEING AGGRIEVED BY AND DISSATISFIED WITH the judgment and order, dated ,
passed by the Small Causes Judge, , in Civil Suit No. , the present
appellant prefers this memo of appeal on the following amongst other grounds of objections
thereto:
1. That the Learned Lower Court has not followed the proper procedure, and this has
resulted into miscarriage of justice.
2. That the orders passed by the Learned Lower Court are violative of the principles of
justice, equity, and good conscience.
3. That the orders passed by the Learned Lower Court are contrary to the provisions of
law and the principles of natural justice.
4. That the Learned Lower Court has failed to consider the evidence on record in a
judicious manner.
5. That the findings arrived by the Learned Lower Court are not supported by the
evidence on record.
6. That the necessary issues of law and fact have not been framed and answered by the
Learned Lower Court.
7. That the Learned Lower Court ought to have decided the matter under appeal in
favour of this appellant.
8. That the Learned Lower Court ought to have held that the respondent had no right
or authority to terminate the tenancy of this appellant.
9. That the Learned Lower Court was at an error in holding that the suit premises are
required by the respondent for his personal bonafide occupation.

25
 10. That the Learned Lower Court was wrong in holding that this appellant has acquired
any other suitable accommodation.
11. That the Learned Lower Court has having answered the first issue in the negative
decided the rest of the issues against the appellant, which itself is improper and
illegal.
12. That the Learned Lower Court has in a very summary manner and roundabout
fashion tried to interpret the concept of acquisition of other suitable accommodation.
13. That the Learned Lower Court, while deciding the application for interim injunction,
has, in fact, decided the suit itself, and this is contrary to the provisions of law.
14. That the Learned Lower Court has misinterpreted all the relevant provisions of law
as laid down in the Act.
15. That the Learned Lower Court has not considered the very fact that the balance of
convenience was only in favour of this appellant,
16. That the order is dated , while its certified copy was applied for on , the
same was delivered on , and hence, the appeal filed today is well within
limitation.
17. That the necessary court fee is paid herewith.
18. That the appellant, therefore, prays that for the reasons stated above and as may be
argued at the time of hearing, the record and proceedings be called for, this appeal be
allowed, the orders under appeal be set aside and quashed, and orders deemed just and
proper be kindly passed, for which act of grace and favour, this appellant as bounden
in duty shall ever pray.

Place
Date
Sd/-

APPELLANT

Sd/-

ADVOCATE FOR APPELLANT

26
 MEMORANDUM OF APPLICATION

REVISION

IN THE HIGH COURT OF MADRAS

CIVIL APPELLATE JURISDICTION

CIVIL REVISION NO.333 OF 2020

MEMO OF THE PARTIES

Name &

Address.....................................................................................Petitioner (Plaintiff/Defendant)

Versus

Name &

Address......................................................................................Respondent
(Plaintiff/Defendant)

INDEX

S. No. Description of Documents Page No.

1. Court Fees

2. Memo of Parties

3. List of Dates and Events

27
 Revision Memo under Section
4.
115 of the CPC, 1908.

Impugned Order dated

5.
15/07/2019

6. Vakalatnama

Place:

Date:

(Counsel for the Petitioner)

IN THE HIGH COURT OF MADRAS

CIVIL APPELLATE JURISDICTION

CIVIL REVISION NO.333 OF 2020

Name..............................................................................................Petitioner (Plaintiff/)

Versus

Name..............................................................................................Respondent (/Defendant)

REVISION PETITION UNDER SECTION 115 OF THE CIVIL PROCEDURE CODE,

1908 CHALLENGING THE ORDER PASSED ON IN THE CASE NO. .

28
The Petitioner MOST RESPECTFULLY SHOWETH:

1. That, the instant Revision Petition is filed by the Petitioner under Section 115 of
the Code of Civil Procedure (CPC), 1908 being aggrieved by the Order dated
passed by the Ld. Civil Judge, , New Delhi in Civil Suit No.
of 2019 seeking to set aside the same. The certified copy of the
impugned order is annexed hereto and marked as Annexure A1.

2. The Petitioner seeks the intervention of the Hon’ble Court as the subordinate court
had refused to summon two important witnesses who were determinant to the case.
Without the court intervention, and thereby issuing an Order of Summons, there is no
way that they would appear and answer on Oath. The non-appearance of the witness
would lead to grave injury caused to the Petitioner. Thus, this petition to direct the
Subordinate Court to issue summons to the witness and thereby exercise the
jurisdiction the court has.

BRIEF FACTS OF THE CASE

1. The money suit was filed by the Petitioner on based on the contract
entered into by the Plaintiff and the Defendant for jointly bidding a tender floated by
the Public Sector Unit (PSU). It was agreed that the sale proceeds would be distributed
equally to the bidders.

2. The parties secured the tender in their favour for Rs.5,00,000 and the amount was
credited to the Defendants account. But the value of the tender would least amount to
Rs. 10,00,000.

3. The Defendant after receiving the sale proceeds informed the Plaintiff that he had
accepted the tender for Rs. 5,00,000. When the Plaintiff enquired the Defendant as to
why such low amounts were secured, the Defendant gave evasive response and
never explained why such less amount was received, when clearly the value of
movies is much higher. As per the terms and conditions of the contract half of the
financial proceeds belong to the Plaintiff.

29
 4. That the trial court framed issues on 19/01/2019 and directed the Petitioner to
produce evidence, upon which the Petitioner promptly furnished to the court below
four witnesses making a request that the witness should be summoned by that Court.

5. The Plaintiff listed 4 witnesses out of which there are 2 witnesses from the PSU.

6. The Judge refused to entertain such a request and directed the Plaintiff to secure
the attendance of the 2 PSU witnesses on his own.

7. The Judge, after cross-examining the two other witnesses had passed an order to
close the witness of the Plaintiff (order dated 15/07/2019).

8. Two witnesses of the petitioner had appeared, and their statements were recorded.
However, the learned Presiding Officer of the court below passed an order that
the remaining witnesses be produced by the petitioner-plaintiff on his own
without seeking the assistance of the court. This order was passed despite a
request by the petitioner that at least those witnesses named in the list who are
State employees should be summoned by the court, as they are required to
produce and prove some official records.

GROUNDS:

[Link] on the date of hearing the learned trial court by the order impugned in
this revision closed the evidence of the petitioner-plaintiff on the ground that
the remaining witnesses were not produced by him.
ii. That the impugned order has caused great prejudice to the petitioner and if the same is
allowed to stand the petitioner’s suit is bound to fail.
iii. The Judge has failed to exercise the powers granted to him under Order XVI, Rule I
of the Civil Procedure Code, 1908.
iv. That the trial court has unjustifiably denied assistance of the court to the petitioner-
plaintiff to secure the attendance of his witnesses. The interests of justice demand
that he is provided with all legal assistance in this regard.
[Link] purpose of summoning the two PSU witnesses has a great impact on the case.
Only on them giving testimony can the rights of the parties be decided, and the justice
can be upheld, and the real rights of the parties be decided.

30
 vi. That it is violative of the principles of natural justice and fair trial.

9. The Plaintiff submits that all court fees have been paid.

10. The Plaintiff submits that there is no appeal in the High Court or any other
Court subordinate to it.

PRAYER

In the facts and circumstances discussed above the petitioner prays that this Hon’ble Court be
pleased to

1. Quash and set aside the order under revision.

2. Direct the court below to provide assistance of the court for summoning
the plaintiff-witnesses.

And pass any such other orders as the court may deem fit and proper in the light of the given
circumstances and thus render justice.

31
 PETITION UNDER ARTICLE 226 & ARTICLE 32 OF THE
CONSTITUTION OF INDIA

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. OF 2020

IN THE MATTER OF:

ABC ... PETITIONERS

VERSUS

XYZ …RESPONDENTS

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

PRAYING INTER ALIA FOR ISSUING WRIT OF MANDAMUS AND OTHER
APPROPRIATE WRIT FOR DIRECTING THE RESPONDENT NO. 1 TO RELEASE
RESPONDENT NO. 4 FROM THE PREMISES OF RESPONDENT NO. 5, SEEKING
DIRECTION TO RESPONDENT NO. 1 INQUIRE INTO THE INCIDENT OF
KEEPING RESPONDENT NO.4 IN CONFINEMENT BY RESPONDENT NO. 5 IN
AN ILLEGAL BUILDING WITHOUT BASIC AMENITIES AND IN UN HEALTHY
CONDITIONS, CONDUCT PROPER MEDICAL TESTS ON RESPONDENT NO. 4
AND ALSO SEEKING DIRECTION TO RESPONDENT NO. 4 TO TAKE CARE OF
AILING PETITIONERS AT THEIR OLD AGE AND PROVIDE MAINTENANCE TO
THEM UNDER SECTION 4 OF MAINTENANCE OF PARENTS AND SENIOR
CITIZENS ACT 2007.

To,
The Hon'ble Chief Justice of High Court,
And His Companion Judges of the
Hon'ble High Court of Delhi.

32
The humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH:

1. The Petitioners are filing the present Writ Petition under Article 226 of the

Constitution of India Praying inter alia for issuing Writ of Mandamus and other

appropriate Writ for directing the Respondent No. 1 to Release Respondent No. 4

from the premises of Respondent No. 5, seeking direction to Respondent No. 1 inquire

into the incident of keeping Respondent No.4 in confinement by Respondent No. 5 in

an illegal building without basic amenities and in un healthy conditions, conduct

proper medical tests on Respondent No. 4 and also seeking Direction to Respondent

No. 4 to take care of ailing Petitioners at their old age and provide maintenance to

them under Section 4 of Maintenance of Parents and Senior Citizens Act 2007.

2. That Petitioner No. 1 is years old mother of Respondent No.4 and is a Housewife.

3. That Petitioner No. 2 is father of Respondent No. 4, and he is years old.

4. That Respondent No. 4 is the daughter of Petitioner No. 1 and 2.

5. That the Petitioners being retired senior citizens need the support of their daughter as

they do not have sons, no other person, to take care of their health, necessities etc.

Petitioner No. 1 is suffering from various ailments like joints pain on legs, tooth pain

which require root canal treatment and other old age problems. Petitioner No.2 is

facing high blood pressure, heart related health issues and he requires regular

medical check-up. The Petitioners are running pillar to post to get their constitutional

rights. They have approached Delhi Police and Central Government to handover their

daughter to them, but no action has been taken by the authorities against the

Respondent No. 5, to release their daughter.

33
6. That the Petitioners have strong doubts on Respondent No. 5, that his team kept

their daughter under the influence of drugs or any other substance.

7. It is submitted that the Petitioners have only one daughter Respondent No. 4 is living

in the premises of Respondent No. 5 in Delhi, India and she deserted her senior

citizen parents at their old age.

8. That as per Section 4 of the Maintenance and Welfare of Parents and Senior Citizens

Act, 2007 the Children are obliged to maintain a senior citizen to the needs of such

citizen so that senior citizen may lead a normal life. Extracts of Section 4 of the Act

is as under:

9. Maintenance of parents and senior citizens.-(1) A senior citizen including parent who

is unable to maintain himself from his own earning or out of the property owned by

him, shall be entitled to make an application under section 5 in case of-

a. parent or grand-parent, against one or more of his children not being a minor;

b. a childless senior citizen, against such of his relative referred to in clause (g)

of section 2.

10. The obligation of the children or relative, as the case may be, to maintain a senior

citizen extends to the needs of such citizen so that senior citizen may lead a normal

life.

11. The obligation of the children to maintain his or her parent extends to the needs

of such parent either father or mother or both, as the case may be, so that such

parent may lead a normal life.

12. Any person being a relative of a senior citizen and having sufficient means

shall maintain such senior citizen provided he is in possession of the property

of such citizen, or he would inherit the property of such senior citizen:

34
Provided that where more than one relative is entitled to inherit the property of a senior

citizen, the maintenance shall be payable by such relative in the proportion in which they

would inherit his property."

True copy of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is

annexed herewith and marked as Annexure P-1.

13. That as per Section 5 of the Maintenance and Welfare of Parents and Senior

Citizens Act, 2007 the Application for maintenance should be file in Tribunal, but

due to the peculiar circumstances in this matter as the Respondent No.4 is confined

in the Building of Respondent No. 5 the Petitioners are approaching this Hon'ble

Court for Justice.

14. That in April the Petitioners filed complaint with Station House Officer,

Police Station New Delhi requesting appropriate action in securing their

daughter safely from the centre. Copy of the letter dated April 1, 2016, sent by the

Petitioners to SHO, Police Station is annexed herewith and marked

as Annexure P-2.

15. That on April the Petitioners wrote to the Delhi Commission for women, ITO,

New Delhi requesting them to take appropriate action in securing their daughter

safely from the centre and help in restoring peace to the family on humanitarian

ground. Copy of the letter dated April sent by the Petitioner to Delhi

Commission for Women is annexed herewith and marked as Annexure P-3.

16. That Respondent No. 3 not yet arrested Respondent No. 5 against whom several

serious criminal cases are registered by CBI. The Financial transactions of

Respondent No. 5 are also needs to be verified by a competent authority. Because

even after the hiding of founder of the Respondent No. 5, it has been running

uninterruptedly in an illegal/unauthorised building and getting all kind of financial,

strategic support.

35
 17. That being aggrieved, the Petitioner has no other alternative remedy but to approach

this Hon'ble Court and invoke Article 226 of the Constitution of India on the

following amongst other grounds which are urged hereinafter without prejudice to

each other.

GROUNDS

That the present Writ Petition is being filed on the following, amongst other, grounds without

prejudice to each other;

A. Because the Petitioners being retired/ senior citizens need the support of their daughter

as they do not have sons and no other person to take care of their health, necessities etc. The

Petitioners are running pillar to post to get their constitutional rights. They have approached

Delhi Police and Central Government to handover their daughter to them, but no action has

been taken by the authorities against Respondent No. 5 to release their daughter.

B. Because the Petitioners have strong doubts on Respondent No. 5 kept their daughter

under the influence of drugs or any other substance.

C. Because the Petitioners have only one daughter, Respondent No. 4 is living in the

Ashram, and she deserted her senior citizen parents. The Petitioners have no other close

relatives to look after them.

D. Because as per Section 5 of the Maintenance and Welfare of Parents and Senior Citizens

Act, 2007 the Application for maintenance should be file in Tribunal, but due to the peculiar

situation in this matter as the Respondent No. 4 is confined in the Ashram of Respondent

No. 6 the Petitioners are approaching this Hon'ble Court for Justice.

18. That the Petitioners have no other efficacious remedy except to approach this

Hon'ble Court by way of this Petition under Article 226 of the Constitution of India.

19. That the Petitioners have not filed any other petition, claim, suit or preceding in

any court or tribunal throughout the territory of India regarding the matter in

dispute.
36
PRAYERS

In view of the facts & circumstances stated above, it is most respectfully prayed that this

Hon'ble Court may be pleased to:-

a) Issue a Writ of Mandamus or any other appropriate Writ to Respondent No. 1 to

immediately release of Respondent No. 4, daughter of Petitioners from the custody of

Respondent No. 5;

b) Issue an appropriate Writ to the Respondent No. 4 to take care of her ailing parents,

give maintenance to them as per Section 4 of Maintenance of Parents and Senior Citizens

Act 2007;

c) Any other relief, order or direction this court may deem fit and proper under the facts

and circumstances of this case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS DUTY BOUND SHALL
EVERY PRAY.

THROUGH

ADVOCATES FOR THE PETITIONERS

NEW DELHI
DATE:

37
 COMPLAINT

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT

COMPLAINT CASE NO. OF 20

(Affix Court Fee stamp of Rs. )

IN THE MATTER OF:

C COMPLAINANT

ADDRESS

VS

A ACCUSED

ADDRESS

Police Station

COMPLAINT UNDER SECTION 200 READ WITH SECTION 156(3) OF THE CODE
OF CRIMINAL PROCEDURE FOR REGISTRATION OF FIR UNDER SECTION
323 AND 506 OF INDIAN PENAL CODE

THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law-abiding citizen of India. The Complainant is a resident of

Flat No in the area.

2. The Accused named above is the neighbour of the Complainant. Both houses are situated
near to each other.

38
3. That the Complainant and Accused has separate parking spaces in front of their house. But
the accused most of the time park one of their vehicles in the Parking space of Complainant
and other Vehicle in his Parking Space.

4. That on at about 6.00 PM the Complainant reached home from his office and
found that the accused parked his car in front of the house of Complainant. The Complainant
went to the House of the accused to make him humble request to park his car in some other
place as regularly he is causing in convenience to the Complainant. The Accused came out of
his house with a stick and challenged the Complainant. The Complainant tried to pacify him,
but he abused the Complainant. The Complainant objected to the abuses being burled by the
accused. The accused then gave complaint 3 blows on complainant's leg by using the stick in
his hand. As a result, the Complainant received abrasions. The accused then criminally
intimidated the Complainant with dire consequences in case complainant ever again visited
him with such complaint or reported the matter to the Police.

5. That the occurrence was witnessed by Mr. and Mr. ,

neighbours in the locality.

6. That the Complainant went to the Police station at to report the matter,
but report was not registered. Complainant went to the Government hospital and got dressed
his injuries. Copy of Complaint given to the Police Station at on is attached
herewith as Annexure A.

7. That the Complaint had Complaint to the Senior Superintendent of Police by sending his
Complaint by Registered Post. Even then, no action has so far been taken against the
accused. Copy of Complaint sent to the Senior Superintendent of Police at on is
attached herewith as Annexure B.

8. That the Accused has criminal record, and he is of quarrelling nature. FIR No dated
and FIR No dated has been filed by Mr. another
neighbour of the accused in earlier occasions. Copy of FIR No and FIR
No dated
as filed by Mr. is attached herewith

9. Under this Circumstances, the Complainant Prays for legal action against the Accused.

39
PRAYER

In view of the aforesaid submission made here in and in the interest of the justice, it is
therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

1) Register the present complaint.

2) Take cognizance of the offence, as the contents per-se amount to commission of

offences, as indicated above, without anything more.

3) Summon try and punish the accused person for committing the offences under section
323 and 506 of the IPC.

4) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY

BOUND, SHALL EVER PRAY.

COMPLAINANT

THROUGH

ADVOCATE

Place:

Date:

Annexures to be attached with the Complaint

1. List of witness to be examined with name and address

40
2. Photograph of Complainant with Injuries

3. Medical Certificate issued by the CMO of Government Hospital

4. Copy of FIR No and FIR No dated filed by Mr.

.

5. Copy of Complaint given to the Police Station at on

6. Copy of Complaint sent to the Senior Superintendent of Police at on

7. Any other relevant document related to the incident.

41
 CRIMINAL MISCELLANEOUS PETITION
IN THE COURT OF SECOND ADDL. JUDICIAL MAGISTRATE OF TIRUPATI
[Link]. OF 2012 [Link]. 45 OF 2011

Dhanarekha ……Petitioner

Vs.

Arun Kumar ……Respondent

Petition filed on behalf of the Petitioner U/Sec 128 Cr. P.C

1. The petitioner submits that he filed the above M.C. for grant of
separate maintenance on 31.12.2011 against the respondent seeking a sum of
Rs. 500 per month be awarded.

2. The Honorable Court, after due contest, by order dated 06.01.2012

granted maintenance to the petitioner directing the respondent to pay a sum
of Rs. 400 per month to the petitioner from 01.01.2012 and keep praying in
future.

3. The petitioner submits that, the respondent has not paid any
maintenance so far and these disobeyed the order of this honorable
court.

4. The petitioner further submits that the arrears of maintenance

from 01.01.2011to 31.03.2012 to Rs. 6000/-

5. It is therefore prayed that the honorable court may be pleased to commit

the respondent to prison for such kind has the law required or till he paid
the arrears of maintenance.

Advocate for the Petitioner

VERIFICATION
I, the petitioner, to hereby declared that the facts stated above or true and
correctto the facts stated above or true and correct to the best of my
knowledge information and belief.
Date:

Petitioner

42
 BAIL APPLICATION
BEFORE THE DISTRICT AND SESSIONS COURT AT BEGUSARAI

IN THE MATTER OF

STATE

ABHISHEK SINGH

FIR NUMBER: 5510/2020

UNDER SECTION: 302/326/420 OF IPC

POLICE STATION: MATIHANI, BEGUSARAI

ACCUSED UNDER CUSTODY SINCE 20TH MARCH 2020

APPLICATION UNDER SECTION 437 OF CODE OF CRIMINAL PROCEDURE CODE

ON BEHALF OF THE ACCUSED (ABHISHEK SINGH, S/O- RAMDHESHWAR SINGH,
R/0- MATIHANI, BEGUSARAI)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered under false and bogus facts. The
facts stated in the FIR are fabricated, concocted, and manipulated.

2. That the police have falsely implicated the applicant, the applicant is
the respectable citizen of the society, and he has no criminal
antecedents.

3. The facts initiated against the applicant is civil dispute and does not constitute any
criminal case against him.

4. That the applicant is not required in any kind of investigation, nor any
custodial interrogation, no recovery can be made out at the instance of the
applicant.

5. That the applicant is having good antecedents, he belongs from a good family,
and there are no criminal cases pending against them.
43
 6. That the applicant is a permanent resident and there is no chance of absconding
from the course of justice.

7. That the applicant undertakes to present before the court or police

whenever required to.

8. That the applicant undertakes that he will not, directly, or indirectly, make any
inducement, threat or any promise to any person acquainted with the facts of the
case so as to dissuade him to disclose any such facts to the court or the police
officer.

9. That the applicant further undertakes not to tamper with the evidence or witness of
the case in any manner.

10. That the applicant shall not leave India without the previous permission of
the court.

11. That the applicant is ready and willing to accept any other condition the court
or police officer willing to impose in relation with the case.

PRAYER

It is therefore prayed that the court may order for the release of the applicant in the order of
the justice. And the other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in the favour of the applicant.

APPLICANT

THROUGH

COUNSEL

44
 CONVEYANCING

DEFINITION OF CONVEYANCING

The term conveyance refers to the act of transferring property from one party to another. The
term is commonly used in real estate transactions when buyers and sellers transfer ownership
of land, building, or home.

This is done using an instrument of conveyance—a legal document such as a contract,

lease, title, or deed. The document stipulates the agreed-upon purchase price and date of
actual transfer, as well as the obligations and responsibilities of both parties.

HISTORY OF CONVEYANCING

In ancient times, in England the deed writing was optional continued to remain optional until
the time of King Charles II, particularly the case in which the deed was required not to be
under seal. Writing was required only in the great matter of importance. It was only during
the reign of King Charles II that the British Parliament enacted in 1677 a legislation requiring
writing for creation and transfer of the interest in landed property with an exception in case of
lease for less than three years. The Real Property Act of 1845 required all grants of landed
interest to be made by writing which came to be known as „conveyancing‟. The present form
of conveyancing is based on the Conveyance of Land Act of 1845 and the Law of Property
Act of 1925.

In India, the forms of conveyancing are based on the present English forms. No legislation
in India has ever been passed on the law of conveyancing. Conveyancing in India is not
unknown as the word, ‘Qabuliyatnama,’ ‘Jagirdar,’ ‘Muafidar’ and ‘Charpatra,’ etc., are
occurring from ancient days in the Indian literatures. Thus, as in England and so in India,
too, there are two types of Deeds, viz., „Deed Poll‟ and „Indenture‟. Charpatra (Redemption of
rent), Jagir grants, Quabuliyats, etc, were all the seal of the grantor. The Deed Poll is a
document which is executed unilaterally in the first person while an indenture is bilateral or
multilateral deed. Bonds, Power of Attorney and Wills are „Deed Polls‟. Mortgages, sales,
and gifts can also be unilateral and so these are 'Deed Polls', while a deed of Lease is a
bilateral document to be executed by the Lessor and Lessee both and so it is an „Indenture‟.

45
OBJECT & FUNCTIONS OF CONVEYANCING

Movable property may be physically given and taken by actual delivery, while this is not
possible in case of property in case of immovable properties. Thus, conveyancing is that
branch of the law of transfer of property which deals with the mode and form of transfer to
which both- the transferor and the transferee have agreed upon. Its main object is to enable
the owners of real property to make voluntary transfers of their right, title, and interest therein for
some specific purpose and for a specified period. Such transfers are not otherwise possible
than by conveyancing.

It incorporates the expressions of the intention of the parties to the deed of conveyance so
that accordingly it shall take effect. In case of any doubt, dispute, ambiguity and susceptibility,
the real intention of the parties may be discovered from the words, phrases and the expression
used in the deed. A transferor may have passed the property intending to pass; but if he has
not expressed himself in suitable words of the language, the deed may be defective or
susceptible of two or more constructions; and so, the benefits of the transfer may be lost to
the transferee. Secondly, where any adverse claimant interposes before the transferee, may
get actual legal possession of the transferred property, it may be quite possible that the transferor
with all his willingness may not be able to help the transferee.

It helps the Court and judicial tribunals to determine any dispute if subsequently arises
between the parties to the deed. It serves the purpose of both- the transferor and the transferee
in protecting their interests. It protects the interests of the transferee from any precedent and
/or subsequent acts or omissions of the transferor or any other person claiming through or
under him against the expressed intention of the grant and the covenant of the deed; and
likewise, the interest of the transferor is also protected from any subsequent acts or omissions
of the transferee. It is a document of title to the property and forms the basis of a record of
rights maintained by the Government. It is, also, a documentary piece of evidence.

46
 SALE DEED

This DEED OF ABSOLUTE SALE is made and executed on this __ _ day of

___ _ _ _ , Two Thousand _______

BETWEEN

Sri ____ _ _ _ _ __, son/wife/daughter of Sri/Late ____ _ _ ___, aged about

___ __ years, holding PAN
_____ _ _ , by Caste _____ _, by Nationality Indian,
residing at _______ _ _ _ _ _ _ _ ___________,
hereinafter called the "SELLER" (which expression shall mean and include his legal heirs,
successors, successors-in-interest, executors, administrators, legal representatives and assigns)
of the ONE PART.

AND

Sri ______ _ _ _ _ _ _ _ _ , son of ______ __ _ _ _ ,

aged about
_______ years, by Caste _______ _, by Nationality Indian, holding PAN
___ _ _ __, residing at _______ _ _ _ _ _ _ _ ___________,
hereinafter called the "PURCHASER" (which expression shall mean and include his legal
heirs, successors, successors-in-interest, executors, administrators, legal representatives and
assigns) of the OTHER PART.

The SELLER and the PURCHASER are hereinafter referred collectively as parties and
individually as party.

WHEREAS the SELLER is the absolute owner, in possession and enjoyment of the piece
and parcel of ______ land measuring about__decimal, lying and situated in R.S. Plot Number
____, corresponding L.R. Plot Number ____, Recorded in R.S. Khatian Number_______and
L.R. Khatian Number ____, at Mouza _____, J.L. Number _____, Touzi Number________,
under Police Station
_____ _ , Registration Sub-District _______ , in the district of
___ _ _ _ __, more fully and particularly described in the schedule here under written
and hereafter referred to as the "SCHEDULE PROPERTY”.

AND WHEREAS the SCHEDULE PROPERTY was the self-acquired property of

___ _ __, deceased father of the SELLER and he purchased the same from Sri
___ _ _ _ _ _, son of ______ _ __ of ______ _ _ _ _ ___________, by

47
virtue of a Sale Deed dated _______ _ _ _, registered in the office of the
___ _ _ _ _ _ _ _ _ , in Book 1, Volume No. ____, Pages ____ to_______,
Being Number _______ __ for the Year _.

AND WHEREAS the said ______ _ died in-estate on _____ __ leaving behind his only
son namely, Sri _______________, the SELLER herein, as the only legal heir.

AND WHEREAS the SELLER herein, as the only legal heirs of the deceased ____________,
have become the absolute owner of the SCHEDULE PROPERTY since the death of his father
___ _ _ __ on and he has been enjoying the same with absolute right, title and interest
since then and he has clear and marketable title to the SCHEDULE PROPERTY.

AND WHEREAS the SELLER being in need of funds to meet his personal commitments
and family expenses have decided to sell the SCHEDULE PROPERTY and the PURCHASER
has agreed to purchase the same.

AND WHEREAS the SELLER agreed to sell, convey and transfer the SCHEDULE
PROPERTY to the PURCHASER for a total consideration of Rs.___________(Rupees
___ _ _ _ _ _ _ _ _) only and the PURCHASER herein agreed to purchase the
same for the aforesaid consideration and to that effect the parties entered into an agreement
on the ______ _ _ _ .

NOW THIS DEED OF SALE WITNESSETH:

1. THAT in pursuance of the aforesaid agreement and in consideration of a sum of

Rs._____ __ (Rupees________________________________________) only received
by
the SELLER in cash/cheque/bank draft and upon receipt of the said entire consideration of
Rs._____ __ (Rupees _________________________) only (the SELLER
doth hereby admit, acknowledge, acquit, release and discharge the PURCHASER from
making further payment thereof) the SELLER doth hereby sells, conveys, transfers, and
assigns unto and to the use of the PURCHASER the SCHEDULE PROPERTY together
with the water ways, easements, advantages and appurtenances, and all estate, rights, title
and interest of the SELLER to and upon the SCHEDULE PROPERTY TO HAVE AND
TO HOLD the SCHEDULE PROPERTY hereby conveyed unto the PURCHASER
absolutely and forever.

2. THAT THE SELLER DOTH HEREBY COVENANT WITH THE PURCHASER AS

FOLLOWS:

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 i. That the SCHEDULE PROPERTY shall be quietly and peacefully entered into and
held and enjoyed by the PURCHASER without any interference, interruption, or
disturbance from the SELLER or any person claiming through or under him.

ii. That the SELLER have absolute right, title, and full power to sell, convey and
transfer unto the PURCHASER by way of absolute sale and that the SELLER have
not done anything or knowingly suffered anything whereby their right and power to
sell and convey the SCHEDULE PROPERTY to the PURCHASER is diminished.

iii. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind
whatsoever and should thereby and the SELLER shall discharge the same from and
out of his own fund and keep the PURCHASER indemnified.

iv. That the SELLER hereby declares with the PURCHASER that the SELLER have
paid all the taxes, rates, and other outgoings due to local bodies, revenue, urban and
other authorities in respect of the SCHEDULE PROPERTY up to the date of execution of
this sale deed and the PURCHASER shall bear and pay the same hereafter. If any
arrears are found due for the earlier period, the same shall be discharged/borne by the
SELLER.

v. That the SELLER have handed over the vacant possession of the SCHEDULE
PROPERTY to the PURCHASER on ____ _ __ and delivered the connected
original title document in respect of the SCHEDULE PROPERTY hereby conveyed on
the date of execution of these presents.

vi. That the SELLER will at all times and at the cost of the PURCHASER execute, register
or cause to be done, all such acts and deeds for perfecting the title to the
PURCHASER in the property hereby sold and conveyed herein.

vii. That the SELLER do hereby covenants and assures that the PURCHASER is entitled
to have mutation of his name in all public records, local body and also obtain all
documents in the name of the PURCHASER and undertakes to execute any deed in this
respect.

SCHEDULE OF PROPERTY

All that piece and parcel of _____ land measuring about_______decimal, lying and situated in
R.S. Plot Number ____, corresponding L.R. plot Number ____, Recorded in R.S. Khatian
Number ____ and L.R. Khatian Number ____, at Mouza _____, J.L. Number ____, Touzi

49
Number _____ , under Police Station ______, Registration Sub-District________, in the district
of ____________, butted and bounded by:

On the North :

On the South :

On the East :

On the West :

IN WITNESS WHEREOF the SELLER and the PURCHASER have set their
signatures on the day month and year first above written.

___ _ _ _ _ _ _ _ _ _

SELLER

___ _ _ _ _ _ _ _ _ _

PURCHASER

WITNESSES:

1.

50
 MORTGAGE DEED

This Deed of Mortgage made at ...................... this ................ day of....................Between X,

son of ............................... resident of.............................hereinafter called as a mortgagor of
the ONE PART and Y, son of ...................... resident of...................hereinafter called as a
mortgagee of the OTHER PART.

WHEREAS, the mortgagor is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the house bearing municipal no................ situated on ........................
Road,........................more particularly described in the Schedule hereunder written;

AND WHEREAS, the mortgagor has requested the mortgagee to lend him a sum of Rs.
........................ which the mortgagee has agreed on the mortgagor mortgaging his property.

NOW, This Deed Witnessed That in pursuance to the said agreement and in consideration of
the sum of Rs....................at or before the execution of these presents paid by the mortgagee
to the mortgagor (the receipt whereof, the mortgagor doth hereby admit and acknowledge and
of and from the same hereby release and discharge the mortgagee), the mortgagor hereby
covenants with the mortgagee that he will pay on the ..................... day of .................
(Hereinafter called "the said date"), the said sum of Rs. ................. with interest @.........%
Per annum from the date of these presents till the repayment of the said sum in full, every
quarter the first instalment of interest to be paid on the ................... day of .......... 20____and
each subsequent instalment on the.................day of July, October, January, and April of each
succeeding year until the said sum is repaid in full.

AND this deed further WITNESSETH that

In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his
house bearing municipal no ................. situated on .............. Road.............and more
particularly described in the Schedule hereunder written as a security for repayment of
the said sum with interest @...........per annum with the condition that the mortgagor, his
heirs, executors, administrators, or assigns shall on the said the pay to the mortgagee, his
heirs, executors, administrators or assigns the said sum of Rs...............together with
interest
thereon at the rate mentioned above, the said mortgagee, his heirs, executors, administrators,
or assigns shall at any time thereafter upon the request and at the cost of the mortgagor, his

51
heirs, executors, administrators or assigns reconvey the said house, hereinbefore expressed to
be mortgaged unto or to the use of the mortgagor, his heirs, executors, administrators or
assigns or as he or they shall direct.

And It Is Hereby Agreed And Declared that if the mortgagor does not pay the said mortgage
amount with interest when shall become due and payable under these presents, the
mortgagee shall be entitled to sell the said house through any competent court and to realise
and receive the said mortgage amount and interest, out of the sale proceeds of the house.

And It Is Further Agreed And Declared by the mortgagor that during the period, the mortgage
amount is not paid and the said house remains as a security for the mortgage amount, the
mortgagor shall insure the said house and take out an insurance policy in the joint names of
the mortgagor and mortgagee and continue the said policy in full force and effect by paying
premium and in case of default by the mortgagor to insure or to keep the insurance policy in
full force and effect, the mortgagee can insure the said house and the premium paid by the
mortgagee will be added to the mortgage amount, if not paid by the mortgagor on demand.

And It Is Further Agreed That the mortgagor can grant lease of the said house with the
consent of the mortgagee in writing.

And It Is Further Agreed by the Mortgagor that he shall bear stamp duty, registration charges
and other out of pocket expenses for the execution and registration of this deed and
reconveyance deed but however each party will bear cost and professional charges of his
Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder
written.

The Schedule above referred to

Signed and delivered by X the within named mortgagor

Signed and delivered by Y the within named mortgagee

52
WITNESSES;

1.

53
 GIFT DEED

This Deed of Gift made at _______ on this day of ___ 20____.

BETWEEN

Smt ______ _ _ __ W/o Late Sh. ______________aged __ years resident of

___ _ _ _, __ _ _ _, ___________, New Delhi (hereinafter called the "Donor") of
the ONE PART

AND

Shri ______ _ __ Son of Late Sh. _____ _ _ aged about____, resident of

_________________________________(hereinafter called the "Donee") of the OTHER
PART.

WHEREAS the Donee is the son of Donor.

WHEREAS the Donor is the lawful and absolute owner of _________________Shares of Rs.
___ _ _ /- each of _________________, which is fully paid up, as per the details of
Share Certificate Numbers, Distinctive Numbers, Number of Shares and other details
mentioned below:

(Please enter details of shares here)

AND WHEREAS the Donor out of her natural love and affection for the done, her son, is
desirous of making a gift of the above mentioned shares to the Donee.

THIS DEED OF GIFT WITNESSETH AS FOLLOWS

1. In consideration of natural love and affection which the Donor bears for the Donee, the
Donor out of her own free-will and pleasure and in full possession of her senses, hereby
gives, conveys, grants, transfers and confirms into the Donee all her rights in the
aforementioned shares free of all encumbrances.

54
2. The Donor has hereafter no right what-so-ever in the aforementioned shares or in
the income whereof or accretion thereto.

3. The DONOR has delivered possession of the Share Certification of ____ Shares to
DONEE this day

4. The DONEE has accepted this Gift

5. The DONOR further declares that the DONEE is entitled to cause necessary transfer in
the Company and other public records touching the shares hereby conveyed.

IN WITNESS WHERE OF, the donor has executed the deed of gift and delivered the same to
the donee who has also executed the same in token of acceptance.

Signature
(Smt. _________________)
Donor

Signature
(___ _ _ _ _ )
Donee

Witnesses:

1.

2.

55
 LEASE DEED

This Lease Deed is made on this the ______ _ day of _____ between Sh. / Smt.
___ _ _ _ _ _ Son / Daughter of _____ _ _ _ __, Resident of
___ _ _ _ _ _ _ _ _ _ hereinafter called the Lessor (which expression unless
repugnant to the context or law shall include his/her heirs successors, legal representatives
and assigns) of the one part

AND

Sh./ Smt _____ _ _ _ Son/ Daughter of Sh. _____ _ _ _ _ _______Resident

of _____ _ _ _ _ _ _ _ __ hereinafter called the Lessee (which
expression unless repugnant to the context or law shall include its successors, and assigns)
of the other part.

Whereas the Lessor owns the premises being Flat No. _______ _ _ __ _ _ _ _
consisting of
____ bedrooms, _____ bathrooms/toilets with geysers, one drawing-cum-
dining room and one kitchen along with all the fixtures and fittings described in Annexure I
attached hereto as also one covered car parking space.

And whereas, the Lessee is wants to arrange for residential accommodation for self and family
in the said premises.

And Whereas the Lessee is desirous of taking the said flat on rent for the aforesaid purpose and
Lessor has agreed to let out the said Flat No. ______ _________________ on the terms and
conditions appearing hereinafter, for a period of __ months.

Now this Lease Deed witnesseth as under:

1. That the Lessor has agreed to leased out the Flat No. _________________to the Lessee at a
rent of Rs.______ _ __/- per month inclusive of maintenance and other charges towards
fittings and fixtures for a period of __months commencing from --/--/- - - -, after deduction of tax
as required by law.

2. That the flat has been handed over in a good tenantable condition by the Lessor to the Lessee.

56
3. That the Lessee is fully entitled to request the Lessor for renewal of the lease for a further
period of __ months on the same terms and conditions except that the rent would be revised by
__% p.a. which is acceptable to the Lessor.

4. That the Lessee shall pay charges for electricity and water consumed as per bills received
from the concerned authorities before the due date.

5. That the Lessee shall not make any additions or alterations or structural changes in the said
flat provided, however, that the lessee may erect temporary partitions, install air-conditioners,
refrigerators, cooking range and other fixtures, fittings, and equipment at its own cost and on
termination of the lease restore the said flat to its original condition.

6. That all day-to-day minor repairs shall be carried out by the Lessee at its own cost and all
major repairs shall be carried out by the Lessor at his own cost. For the said purpose, the Lessee
shall permit the Lessor or his authorised agents, surveyors, and workmen with all necessary
appliances to enter into the flat during working hours to carry out such major repairs, for
which the Lessor would, on receiving such request, send a notice to the Lessee in this behalf.

7. That the Lessor will ensure to the Lessee a peaceful and uninterrupted use and enjoyment
of the flat during the terms of this lease and extension thereof without any interruption from
the Lessor or any of his/her agents.

8. That the lessee shall exclusively use the said flat for residential purposes as mentioned above.

9. That the Lessee shall not keep or store any goods or any other material of a combustible or
explosive nature, or cause any nuisance or annoyance to the neighbours and other occupants of
the building and shall observe and perform all the rules and regulations and bye-laws as to
the use of the building as laid down by the concerned Association/Society of the building from
time to time.

10. That the Lessee shall not interfere with the usage of common portions of the building and
in no way obstruct the free passage and movement in the common portions reserved for use
of other occupants of the building like corridors, common stairs etc.

11. That the Lessee shall hand over the vacant possession of the said Premises to the Lessor
on expiry of lease with all fittings and fixtures in good repair (normal wear and tear excepted).

57
12. That on expiry of the lease period, if the same is not renewed or is determined earlier, for
any reason whatsoever, the Lessee shall vacate and voluntarily hand over vacant physical
possession of the said premises to the Lessor.

13. That the Lessee and Lessor are at liberty to terminate the lease by sending to the other party
one months’ notice.

14. That the Lessor will have the right to terminate the lease in case of breach of the terms of
the lease or any other covenant, term or condition contained herein.

15. That in the eventuality of the Lessee vacating the premises under any circumstances, it will
be entitled to remove all the fixtures and fittings, air conditioners, refrigerators, cooking
range or any other equipment’s brought in or installed by it in the demised premises.

16. That the Lessee has at the request of the lessor, deposited a sum of Rs. ___ /- as interest
free security deposit with the lessor which shall be either refundable at the time of vacation of
the premises or be adjusted in the last two months’ rent before vacating the premises by the
lessee.

17. That the lessee is entitled to deduct income tax or any other tax, as may become
applicable, out of the payment of rent to the lessor. However, the lessee assures and undertakes
that it shall issue the necessary TDS certificates on account of any statutory deductions having
been made, within the time prescribed by law.

18. That the lessor shall be a liable for payment of all taxes including property tax, house tax,
ground rent, scavenging tax or any other tax cess or charge imposed by any municipal of public
authority in respect of the property in question.

19. That the lessor has handed over the premises to the lessee in good tenantable condition,
which the lessee accepts. However, any defect or deficiency discovered later on by the lessee
would be rectified and attended to by the lessor at her own cost.

20. That the lessee shall not do things which may be of nuisance or annoyance to the neighbours,
or which may damage the premises of the lessor or any other portion of the building.

21. That the lessor accepts the purpose of use of the subject premises by the lessee. However,
in case of any violation of any laws, the lessee would be responsible for the same. In any case,

58
if any permission, approval, or license is required, the lessor agrees to sign the necessary papers
in that regard.

22. That the lessor and the lessee represent and warrant that they are fully empowered
authorized and able to execute this lease and that the lessor shall keep the lessee free and
harmless of any demands, claims, actions of proceedings in respect of the said premises.

23. That the lessee shall be required to give a notice in writing to the lessor of its intention to
have the lease renewed for a further period of ___ months.

IN WITNESS WHEREOF the Lessor and Lessee have set their hands to this Lease Deed on
the day, month and year first above mentioned in presence of the witnesses signing hereunder:

LESSOR

1.

LESSEE

2.

59
 WILL

I, Shri/Smt …………………. son/daughter/wife of Shri....................., resident of

…………………., by religion.................., do hereby revoke all my previous Wills (or)
Codicils and declare that this is my last Will, which I make on this …. (Date)
………………… My Date of Birth is ………….

I declare that I am in good health and possess a sound mind. This Will is made by me without
any persuasion or coercion and out of my own independent decision only.

I appoint Shri…………………. Son/daughter of ……………, resident of..................to be the

executor of this Will. In the event Shri....................were to predecease me, then
Shri...................., will be the executor of this Will.

I bequeath the following assets to my Wife Smt…………….

1. My house located at………(address)………

2. Bank balance of my savings account no…………………. with.......................(bank name &

bank address) ………

3. My Bank fixed deposits in ……. (Bank name) …. bearing ……. (FD receipt no’s) …….

4. The proceeds of my Term insurance policy …. (Policy no) ……, from.........(Insurance

company name) ………

5. The contents of bank locker no………, with bank…………, bank address……………

I bequeath the following assets to my son Shri……………

1. Residential Plot no……., located at…………….

2. My car with registration no……….

60
3. My mutual fund investments with folio numbers………………….

4. Any other asset not mentioned in this Will but of which I am the owner.

All the above assets are owned by me. No one else has rights on these properties.

Signature of Testator

Witnesses

We hereby attest that this Will has been signed by Shri………….as his last Will at ………
(Place).............in the joint presence of himself and us. The testator is in sound mind and
made this Will without any coercion.

Signature of Witness (1) Signature of Witness (2)

61