IN THE COURT OF __________, AT LUDHIANA, PUNJAB
CIVIL SUIT NO. _______/2025
IN THE MATTER OF:
Smt. Shashi Devi & Anr. …Plaintiffs
Versus
Sh. Mohinder Singh & Anr. …Defendants
WRITTEN STATEMENT ON BEHALF OF DEFENDANTS
MOST RESPECTFULLY SHOWETH:
The Defendants above named submit this Written Statement in response to the Plaint filed by
the Plaintiffs as under:
PRELIMINARY OBJECTIONS
1. That the Plaintiffs have no cause of action against the Defendants as they themselves
failed to perform their obligations under the Agreement to Sell dated 15/07/2023.
2. That the suit is liable to be dismissed as the Plaintiffs have concealed material facts
regarding their inability to make timely payment on 15/12/2023 as per the Agreement.
3. That the Plaintiffs have falsely alleged that they appeared at the Office of the Sub-
Registrar, Ludhiana. In fact, it was the Defendants who were present on 15/12/2023,
but the Plaintiffs failed to turn up with the balance sale consideration, breaching the
Agreement.
4. That as per the terms of the Agreement, upon failure of the Plaintiffs to perform their
obligations, the advance payment of Rs. 10,00,000/- stood forfeited, and the
Agreement was deemed cancelled.
5. That the suit is barred by the principles of estoppel as the Plaintiffs, despite their
default, are seeking specific performance of the Agreement, which they themselves
violated.
PARA-WISE REPLY TO THE PLAINT
1. That the contents of paragraphs 1 to 4 of the Plaint are admitted only to the extent
that an Agreement to Sell was entered into on 15/07/2023. However, the allegations
regarding the Plaintiffs' readiness and willingness to perform their part of the contract
are denied. The Plaintiffs failed to show up at the Office of the Sub-Registrar with the
balance sale consideration, leading to a breach of the Agreement.
2. That the contents of paragraphs 5 to 7 are false and denied. The Defendants were
present at the Office of the Sub-Registrar, Ludhiana, on 15/12/2023, but the Plaintiffs
failed to appear. Hence, the advance amount was rightfully forfeited in accordance
with the Agreement.
3. That the contents of paragraphs 8 to 9 are denied. The Legal Notice dated
28/02/2024 sent by the Plaintiffs was replied to by the Defendants on 28/03/2024,
clearly denying their claims. The allegations regarding multiple follow-ups and
attempts to execute the Sale Deed are baseless.
4. That the contents of paragraphs 10 to 12 regarding the cause of action and
jurisdiction are legal matters, and the Defendants do not dispute the jurisdiction of this
Hon'ble Court. However, the Defendants reiterate that the Plaintiffs themselves failed
to perform their obligations, leading to the forfeiture of their advance payment.
5. That the contents of paragraphs 13 to 15 regarding limitation, valuation, and court
fees are legal matters, and the Defendants reserve their right to raise objections at the
appropriate stage.
6. That the Defendants specifically deny the allegations regarding the affidavit of
attendance annexed by the Plaintiffs as per Para 6 of the plaint. The Plaintiffs' claim
that they marked their presence at the Office of the Sub-Registrar, Ludhiana, is false
and fabricated. The Defendants were present at the said office on 15/12/2023, and
despite multiple calls and attempts, the Plaintiffs failed to appear with the required
balance consideration. The affidavit presented by the Plaintiffs is nothing but an
afterthought to cover up their failure to perform their part of the Agreement.
DEFENSE AND LEGAL ARGUMENTS
1. That it is a well-settled principle of law that a party seeking specific performance
must prove its readiness and willingness to perform its part of the contract. The
Plaintiffs have failed to do so.
2. That the forfeiture clause in the Agreement to Sell is legally valid, and the Plaintiffs,
having failed to appear at the Office of the Sub-Registrar on 15/12/2023, cannot claim
specific performance.
3. That the Plaintiffs have no legal right to seek an injunction preventing the
Defendants from selling the Suit Property to a third party, as the Agreement was
lawfully terminated due to their default.
PRAYER
In view of the above, the Defendants respectfully pray that this Hon’ble Court may be
pleased to:
1. Dismiss the suit filed by the Plaintiffs with costs;
2. Declare the Agreement to Sell dated 15/07/2023 as cancelled due to breach by the
Plaintiffs;
3. Uphold the forfeiture of Rs. 10,00,000/- as per the terms of the Agreement;
4. Pass any other Order/further Orders that this Hon'ble Court deems fit in the
interest of justice.
DEFENDANTS
(Through V. Vishnoo Chandra, Advocate)
Place: Ludhiana
Date: 03.02.2025
VERIFICATION:
Verified at Ludhiana on the _____ day of February, 2025. That the averments in the Written
Statement above are true and correct to my knowledge, no part of it is false and nothing
material has been concealed therefrom.
DEFENDANTS
IN THE COURT OF __________, AT LUDHIANA, PUNJAB
CIVIL SUIT NO. _______/2025
IN THE MATTER OF:
Smt. Shashi Devi & Anr. …Plaintiffs
Versus
Sh. Mohinder Singh & Anr. …Defendants
A F F I D A V I T—-
AFFIDAVIT OF SH. MOHINDER SINGH S/O ______________, R/O
_______________ DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:-
1. That the deponent is one of the defendants in the above noted case and is well conversant
with the facts of the case and as such he is competent to swear this affidavit.
2. That the contents of the accompanying APPLICATION u/o VIII Rule 1A (3) been
drafted by my counsel under my instructions and the contents of the same have been read
over and explained to me in my vernacular language, and the same are true and correct. The
contents of the accompanying APPLICATION may kindly be read as part of this para as the
same have not been repeated here for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Delhi on this the day of FEBRUARY, 2025 that the contents of my
above affidavit are true and correct and nothing material has been concealed therefrom.
DEPONENT