Thursday, May 4, 2023

Cancellation of Sale Deed

 

IN THE COURT OF HON’BLE CIVIL JUDGE (Senior Division), FIROZABAD

O. S. No.                   Of 2014

Sartaj Ahmed Khan aged about 46 year s/o Late Sri Ashfaq Ahmed Khan r/o 80, Barhi Chhapeti, Firozabad.

……………………………………..………Plaintiff

V/S

1.     Sri Kallu Khan s/o Sri Majeed Khan r/o Mohalla Kashmiri Gate, Kohinoor Road, Near Dinesh Glass, City and District Firozabad;

2.     Sri Mujib s/o Sri Jamal Uddin r/o Mohalla Shishgran, Karhal District Mainpuri;

3.     Sri Nizam s/o Sri Nasir Uddin r/o Labour Colony, City and District Firozabad;

4.     Sri Mukim s/o Sri Habib Khan r/o Taj Ganj Garhaiyya, City and District Agra;

……………………………………….Defendants           

PLAINT UNDER ORDER VII RULE 1 READWITH SECTION 26 OF THE CODE OF CIVIL PROCEDURE, 1908.

Sir,

The Plaintiff named above most respectfully submits, as under:-

1.     That Late Sri Ashfaq Ahmed Khan, the father of the Plaintiff was the co-owner of 2/3rd share of the house bearing Municipal No. 81, situated at Mohalla Barhi Chhapeti, City and District Firozabad and he was into the full and exclusive possession of his share. Late Sri Ashfaq Ahmed Khan has got this house from his ancestors.

2.     That on 04-09-2000, during his life time Late Sri Ashfaq Ahmed Khan has bequeathed his total share of above mentioned house no. 81, situated at Mohalla Barhi Chhapeti, City and District Firozabad to the plaintiff by executing a will duly registered in the office of Sub-Registrar, Firozabad in Book No. III, File No. 53, Pages Nos. 149 to 154 at Serial No. 243 on 04-09-2000. A Photostat copy of this will is annexed with this plaint as Annexure – 1.

3.     That unfortunately Late Sri Ashfaq Ahmed Khan has been died on 28-12-2006 and after his demise the plaintiff has got the portion of the above mentioned house of Late Sri Ashfaq Ahmed Khan and came into the possession. The name of the plaintiff has been recorded in the records of Municipality and certified extract of record is enclose with this plaint as Annexure – 2.

4.     That the defendant no. 1 Sri Kallu Khan neither had nor has any right, title and interest in the house bearing Municipal No. 81, situated at Mohalla Barhi Chhapeti, City and District Firozabad but even after this he has executed a sale deed of 3200 square feet (297.28 square meters) land of this house on 07.01.2011 for a sale consideration of Rs. Six Lakh in the favour of defendant nos. 2 to 4 respectively Sri Mujib, Sri Nizam and Sri Mukim on the pretext of ownership received from Sri Alaf Khan s/o Sri Sipahdar Khan r/o Mohalla Chhapeti Kalan, City and District Firozabad through a gift deed (HIBAINAMA) dated 04.02.1946. This sale deed is registered in the office of sub-Registrar, Firozabad in Book No. I, File No. 586, Pages Nos. 167 to 212 at Serial No. 193 on 11-01-2011.

5.     That there was no one known as Sri Alaf Khan s/o Sri Sipahdar Khan r/o Mohalla Chhapeti Kalan, City and District Firozabad in the predecessors of Late Sri Ashfaq Ahmed Khan who could be authorized to execute a gift deed. The pretext of gift deed took by is false and wrong.

6.     That the alleged aforesaid sale deed dated 07.01.2011 executed by the defendant no. 1 Sri Kallu Khan in the favour of defendant nos. 2, 3 and 4 namely Sri Mujib, Sri Nizam and Sri Mukim is ab initio void, illegal, invalid, inoperative because Sri Kallu Khan had no right and power to execute the alleged sale deed of the property of the plaintiff. The alleged aforesaid sale deed dated 07.01.2011 and registered in the office of sub-Registrar, Firozabad in Book No. I, File No. 586, Pages Nos. 167 to 212 at Serial No. 193 on 11-01-2011 is liable to be cancelled on the following grounds amongst the various other grounds: -

(A) Because the defendant no. 1, Sri Kallu Khan was not the owner of the house bearing Municipal No. 81, situated at Mohalla Barhi Chhapeti, City and District Firozabad and his name was not recorded in the municipal records as the owner, hence he had no right to execute the alleged sale deed.

(B) Because the defendant no. 1, Sri Kallu Khan did not obtain the ownership and possession of the property in suit before executing the aforesaid sale deed.

(C) Because the plaintiff is the owner of the property in suit having 2/3rd share and he is into the possession of property in suit since the date of his father Late Sri Ashfaq Ahmed Khan, without any interference from any one.

(D)Because the alleged aforesaid sale deed is ab initio void, illegal, invalid, and confers no right, title, or interest upon the defendant nos. 2, 3 and 4.

(E)  Because the alleged aforesaid sale deed is not binding upon the plaintiff.

(F)  Because the plaintiff requested to Sri Kallu Khan and the defendant nos. 2, 3 and 4 to cancel the aforesaid sale deed themselves because they have got registered the sale deed in their name without properly perusing the title papers of Sri Kallu Khan and by misrepresentation, deceit, and coercion but the defendants did not give any heed to the humble request of plaintiff.

7.     That the alleged aforesaid sale deed dated 07.01.2011 executed by the defendant no. 1, Sri Kallu Khan in the favour of defendant no. 2, 3 and 4 is illegal, invalid and inoperative and Sri Kallu Khan had no right and power to execute the alleged sale deed of the property of the plaintiff without having title. The alleged aforesaid sale deed dated 07.01.2011 is liable to cancel.

8.     That the plaintiff first time came to know about this alleged sale deed on     .05.2014 when all the defendants reached at the property in suit to take the possession of property after disclosing the execution of above said sale deed. The plaintiff immediately came to the office of Sub-Registrar, Firozabad and applied for the certified copy of sale deed. The plaintiff got the certified copy of sale deeds in question from the office of sub-Registrar, Firozabad on      .05.2014.

9.     That after getting the certified copy of sale deed dated 07.01.2011, the plaintiff reached to the defendants and requested them to get the sale deed cancelled themselves but the defendants did not pay any heed to the humble request of plaintiff.

10.                        That the cause of action for this suit arose on       .05.2014 when the plaintiff first time came to know about the sale deed in question and further on      .05.2014 after the clear refusal of the defendants to get cancelled the sale deeds in question themselves, at Firozabad within the territorial jurisdiction of this Court and this Court has full and exclusive jurisdiction to try and entertain this suit.

11.                        That the value of this suit for the purpose of jurisdiction and court fee is Rs. 6,00,000.00 the sale consideration and market value of the property in suit and ad-valorem court fee of Rs.                    on its 1/5th for purpose of cancellation of sale deed is being paid according to law.

PRAYER

The plaintiff therefore, prays for the judgment and decree as under: -

A.    That the Hon’ble Court will be pleased to declare the sale deed dated 07.01.2011 duly registered in the office of sub-Registrar, Firozabad in Book No. I, File No. 586, Pages Nos. 167 to 212 at Serial No. 193 on 11-01-2011 for a sale consideration of Rs. 6,00,000.00 only, executed by Sri Kallu Khan, the Defendant No. 1 in the favour of defendant no. 2, 3 and 4 as void, inoperative, cancelled and further be pleased to send the copy of the decree to the office of sub-Registrar, Firozabad for recording the cancellation.

B.     The cost of this suit will also be award in the favour of the plaintiffs and against all the defendant.

C.     Any other relief to whom this Hon’ble Court deems fit and proper will also be grant to the plaintiff and against the defendants.     

DETAILS OF THE PROPERTY: -

House bearing municipal number 81 and situated at Mohalla Barhi Chhapeti City and District Firozabad as shown in the site map attached with this plaint and measured and bounded on:

EAST     BY:   House of Sri Irfan Ahamed Khan;          (Length 80 feet)

WEST    BY:   House Of Ashfaq Ahamed Khan;           (Length 80 feet)              

NORTH BY:   Road; and                                                     (Length 40 feet)                 

SOUTH  BY:  House of Sri Babu Ram.                            (Length 40 feet)

Total area 3200 square feet.                                         

PLAINTIFF

 

VERIFICATION: - Verified that the content of paragraph No. 01 to 09 of this plaint is base on the personal knowledge and belief of the plaintiff while the content of paragraph No. 10 and 11 of this plaint is base on the legal advice given to me and I believe to this advice to be true and correct.

            Verified on this       day of                   2014 at District & Sessions Court Compound, Firozabad.                                                           

PLAINTIFF

    

 

THROUGH

 

 

(PRAVEEN KUMAR BHATNAGER)

  LL. M., ADVOCATE

THE INTEREST ON DELAYED PAYMENT TO SMALLSCALE AND ANCILLARY INDUSTRIAL UNDER-TAKING ACT, 1993

 

THE INTEREST ON DELAYED PAYMENT TO SMALLSCALE AND ANCILLARY INDUSTRIAL UNDER-TAKING ACT, 1993

 

No.32 OF 1993

 

CONTENTS

 

 

1.        Short title, extent and commencement.

2.        Definitions.

3.        Liability of buyer to make payment.

4.        Date from which and rate at which interest is payable.

5.        Recovery of amount due.

6.        Liability of buyer to pay compound interest.

7.        Appeal.

8.        Requirement to specify unpaid amount with interest in the annual statement of accounts.

9.        Interest not to be allowed as deduction from income.

10.      Overriding effect.

11.      Repeal and saving.

 

[2nd April, 1993.]

 

An Act to provide for and regulate the payment of interest on delayed payments to small scale and ancillary industrial undertaking and for matters connected therewith or incidental thereto.

 

BE it enacted by Parliament in the forty-fourth Year of the Republic of India as follows:-

 

1.         Short title, extent and commencement.

 

(1)       This Act may be called the Interest on Delayed Payments tot Small Scale and Ancillary Industrial Undertakings Act, 1993.

 

(2)       It extends to the whole of India, except the State of Jammu and Kashmir.

 

          (3) It shall be deemed to have come into force on the 23rd day of September, 1992.

 

2.         Definitions.  

          

           In this Act, unless the context otherwise requires, -

 

(a)       "Ancillary industrial undertaking" has the meaning assigned to it by clause (aa) of  section 3 of the Industries (Development and Regulation )  Act,  1951; (65 of 1951)

 

(b)       "Appointed day, means the day following immediately after the expiry of the period of thirty days from the day of acceptance or the day of deemed acceptance of any goods or any services by a buyer from a supplier.

                       

Explanation,- For the purposes of this clause, -

          

 (i)       'The day of acceptance' means, -

           

(a)       The day of the actual delivery of goods or the rendering of services; or

          

(b)       Where any objection is made in writing by the buyer regarding acceptance of goods or services within thirty days from the day of the delivery of goods or the rendering of services, the day on which such objection is removed by the supplier;                                                        

 

(ii)       'The day of deemed acceptance' means, where no objection is made in writing by the buyer regarding acceptance of goods or services within thirty days from the day of the delivery of goods  or the rendering of services, the day of the actual delivery of goods or the rendering of services;

 

(c)       'Buyer’ means whoever buys any goods or receives any services from a supplier for consideration;

 

(d)       'Goods’ means every kind of movable property other than actionable claims and money;

 

(e)       'Small scale industrial undertaking' has the meaning assigned to it by clause (j) of section 3 of the Industrial (Development and Regulation) Act, 1951; (65 of 1951)

 

(f)       'Supplier’ means an ancillary industrial undertaking or a small scale industrial undertaking holding a permanent registration certificate issued by the Directorate of Industries of a State or Union territory.

 

3.         Liability of buyer to make payment.

          

           Where any supplier supplies any goods or renders any services to any buyer, the buyer shall make payment therefore on or before the date agreed upon between him and the supplier in writing or, where there is no agreement in this behalf, before the appointed day.

 

4.         Date from which and rate at which interest is payable.

          

           Where any buyer fails to make payment of the amount to the supplier, as required under section 3 the buyer shall, notwithstanding anything contained in any agreement between the buyer and the supplier or in any law for the time being in force, be liable to pay interest to the supplier on that amount from the appointed day or, as the case may be, from the day immediately following the date agreed upon, at such rate which is five per cent. points above the floor rate for comparable lending.

 

           Explanation. For the purposes of this section, 'floor rate for comparable lending' means the highest of the minimum lending rates charged by scheduled banks (not being co-operative banks) on credit limits in accordance  with the directions given or issued to banking companies generally by the Reserve Bank  of India under the Banking Regulation Act, 1949.(10 of 1949).

 

5.         Recovery of amount due. 

          

           Notwithstanding anything contained in any agreement between a supplier and a buyer or in any law for the time being in force, the buyer shall be liable to play compound interest (with monthly interest) at the rate mentioned in section 4 on the amount due to the supplier.

 

6.         Liability of buyer to pay compound interest.

          

           The amount due from a buyer, together with the amount of interest calculated in accordance with the provisions of section 4 and 5.shall be recoverable by the supplier from the buyer by way of a suit of other proceeding under any law for the time being in force.

 

7.         Appeal.

          

           No appeal against any decree, award or other order shall be entertained by any court or other authority unless the appellant (not being a supplier) has deposited with it seventy-five per cent.of the amount in terms of the decree, award or, as the case may be, other order in the manner directed by such court or, as the case may be, such authority. 

 

8.         Requirement to specify unpaid amount with interest in the annual statement of accounts.

          

           Where any buyer is required to get his annual accounts audited under any law for the time being in force, such buyer shall specify the amount together with the interest in his annual statement of accounts as remains unpaid to any supplier at the end of each accounting year.

 

9.         Interest not to be allowed as deduction from income.

          

           Notwithstanding anything contained in the Income-tax Act, 1961, (43 of 1961) the amount of interest payable or paid by nay buyer, under or in accordance with the provisions of this Act, shall not, for the purposes of computation of income under the Income-tax Act, 1961, be allowed as deduction.

 

10.       Overriding effect.

          

           The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

 

11.       Repeal and saving. 

 

(1)        The Interest on Delayed Payments to Small Scale and Ancillary Industrial  Undertakings Ordinance, 1993 (Ord.4 of 1993) is hereby repealed.

 

(2)        Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

 

 

 

 

 

ADDENDUM TO THE DEVELOPMENT AGREEMENT

 

 

ADDENDUM TO THE DEVELOPMENT AGREEMENT

This addendum to the development agreement is executed at _________ on this ___day of February 2009.

                                                          Between

S/Sh. __________r/o___________(hereinafter referred to as “owners”); which expression shall unless repugnant to the context or meaning hereof mean and include their successors, heirs, representatives and assigns of First Part;

And

M/s. A to Y Ltd., a company incorporated under the Companies Act, 1956 having its office at________________, through its duly authorized and empowered Director Shri __________Resident of _______________ (hereinafter referred to as “developers”), which expression shall unless repugnant to the subject or context hereof mean and include its successors, administrators and assigns) of the Second Part;

WHEREAS the owners and the developers had entered into a Development Agreement dated ___ February 2006 (hereinafter referred to as “said agreement”).

WHEREAS in order to express their true intentions and in furtherance of the object of the said agreement the parties considered it necessary to execute this addendum to the said agreement and agreed to make the following changes therein.  

NOW, THEREFORE THIS ADDENDUM TO DEVELOPMENT AGREEMENT WITNESSES AND THE PARTIES HERETO AGREE AS UNDER.

1.       That the said agreement was executed by;

Shri________________

as “owners” and as FIRST PARTY of the said land. Out of these signatories  Smt._________ had lease hold interest in the said land on the date of execution the of said agreement. Ownership title rights of the said land were/are vested in the remaining signatories. These lessees had singed the said agreement along with the owners in title of the said land and Sh. ____________being head of the family executed the lease deed just in order to pass perfect rights to the “developers” for making unhindered, unobstructed use the said land Now, the aforesaid lessees have surrendered their aforesaid lease hold rights in the said land and entries to that effect have already been made in the revenue records. Now the said lessees have left with no interest in the said land. Hence the aforesaid Shri_____________, Smt.___________shall be omitted from the expression “owners” and they will not be considered as party to the said agreement, with effect from the date of execution of this addendum.    

2.       The clause No. 16 at page No. 12 of the said development agreement be substituted with the following para and be read as under with effect from this day. 

FINANCIAL ASSISTANCE

That the SECOND PARTY has the right to mortgage the SAID LAND or any part thereof or any structure constructed thereon and may create any charge on the said land in favour of any bank or financial institution or in favour of any other person in order to raise funds for the said project (i.e., construction and development of commercial/residential complex on the said land).

The FIRST PARTY has agreed to indemnify the Bank or Financial Institution in case of any default in payment of the funds raised by the SECOND PARTY for the said project.  

IN WITNESS WHEREOF THE PARTIES TO THE DEVELOPMENT AGREEMENT DATED ______2009 has executed this Addendum on the day, month and the year first above referred in the presence of the following witnesses.

 

                                                                                        FIRST PARTY

WITNESSES

                                                                             SECOND PARTY

Caveat in Supreme Court of India

 

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

 

Special Leave Petition (Crl.) No.              of 200x

 

(Against  the impugned judgement and order dated 00.00.200x passed by the Hon’ble High Court of Judicature at Patna in Crl. Misc. No. XXX of 200x)

 

IN THE MATTER OF:

 

State of Bihar & Anr.                 .......Petitioners/Non Caveators

 

                                        Versus

 

J & Anr.                                       ......Respondents/Caveators

 

To

The Registrar,

Supreme Court of India.

New Delhi-110001.

 

Sir,

 

        Let nothing be done in the aforesaid matter without notice to the undersigned. The Caveators/Respondents were the parties before the Hon’ble High Court of Judicature at Patna.

 

                               

 

 

 

 

               

                                                                     FILED BY     

 

(R )

                                Advocate for the Respondent/Caveators

 

 

 

 

 

 

 

 

 

 

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

 

Special Leave Petition (Crl.) No.              of 200x

 

IN THE MATTER OF:

 

State of Bihar & Anr.                 .......Petitioners/Non Caveators

 

 

                                        Versus

 

 

J & Anr.                                       ......Respondents/Caveators

 

INDEX OF DOCUMENTS

 

S.No.

Particulars

Copies

Court fee

1.

Caveat on behalf of the respondents /caveators with Vakalatnama

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FILED BY                                  

 

(R )

                                Advocate for the Respondent/Caveators

 

 

Condonation application

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

NO.                OF 201

 

IN THE MATTER OF:-

________________________________                … Petitioner(s)

VERSUS

_________________________________              … Respondent(s)

 

APPLICATION FOR THE CONDONATION OF DELAY IN FILING THE PROCESS FEE

 

MOST RESPECTFULLY SHEWETH:-

 

1.      That the process fee in the said case could not be filed due to some inadvertence  on  the  part  of  the office clerk of the counsel for the ________________ . The delay is neither intentional nor deliberate.

 

2.      In the view of the above it is most respectfully prayed that the delay of ________days in filing the process – fee may kindly be condoned and the same may kindly be taken on record for necessary actions in the matter.

                                                                                                                   FILED BY

 

K.G. BANSAL & S.K. BANSAL

ADVOCATE FOR ………………..

52, SUKHDEV VIHAR

MATHURA ROAD, NEW DELHI

TEL 26843455-30959881

E-Mail:unitedmark@unitedipr.com

PLACE NEW DELHI        

 

DATED:-