Monday, May 22, 2023

Partition Suit

IN THE COURT OF THE CIVIL JUDGE ( JrDn ) AT TUMKUR.

O.S.No. /2011

BETWEEN:

SMT. NAGARATHNAMMA

W/O GANGAPPA

& D/O LATE DASAPPA

AGED ABOUT _______ YEARS

R/AT KESTUR GRAMA

KORA HOBLI

TUMKUR TALUK

TUMKUR DISTRICT ….PLAINTIFF’S

AND :

1. SIDDALINGAMMA,

W/O LATE DASAPPA

AGED ABOUT 70 YEARS

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

2. RAJANNA,

S/O LATE DASAPPA,

AGED ABOUT 53 YEARS,

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

3. SIDDAPPA

S/O LATE DASAPPA

AGED ABOUT 45 YEARS

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

4. CHANDRASHEKAR

S/O LATE DASAPPA

AGED ABOUT 43 YEARS

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

5. KRISHNAMURTHY

S/O LATE RAMALINGAIAH

AGED ABOUT 43 YEARS

LINGANAHALLI, NELAHAL ANCHE

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT ………………..DEFENDANT’s

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

The Plaintiff,s in the above case most respectfully submits, as follows :

1. That, the address of the Plaintiff’s for the purpose of service of summons, notices, etc., from this Hon’ble Court is as set out in the cause- title. The Plaintiff may also be served through their Counsel’s H. Venugopal and Y. Raghavendra advocates TAPCMS building near DC office tumkur.

2. The Addresses of the Defendant’s for the said purpose is as stated in the cause -title.

3. That the plaintiff’s submits that the properties mentioned at the foot of the plaint herein after reffered to as suit schedule properties are the ancestral and joint family properties of plaintiff’s and 1^ST TO 4^TH Defendants of the suit. The first defendant is the mother of plaintiff and 2^nd to 4^th defendants are brothers of plaintiff. All are having agriculture as their avocation. That the Genological tree of the plaintiff’s and the defendant’s as follows

LATE DASAPPA (DEAD)

SIDDALINGAMMA (1^ST Dft)

_________________________________________________________________/__________________________________________

/ / / /

NAGARATHNAMMA RAJANNA SIDDAPPA CHANDRASHEKAR

(PLAINTIFF) (2^ND Dft) (3^RD Dft) (4^TH Dft)

4. The fifth defendant colluding with all other defendants have created sham sale deed in order to deprive the share of plaintiff in the suit schedule property. Hence fifth defendant is arraigned as necessary party to claim relief against such sham transactions.

5. The Plaintiff’s submits that, The suit schedule property is a joint family property. There is no partition among joint family members.

6. The Plaintiff’s submits that, 1 to 4 Defendant’s altogether are the joint managers of the joint family consisting of suit schedule properties and started mis-managing the suit schedule properties for their illegal acts against the interest of joint family, by colluding with defendant 5. These facts came to the knowledge of plaintiff very recently.

7. The Plaintiff’s submits that, 1 to 4 defendants by colluding with 5^th defendant have created three sham sale deeds on the same dates, which was registered on 19-12-2006 in Book no.1, CD no. TMKD 109 and with Registration numbers consecutively . (1) TMK-1-13489-2006-07 (2) TMK-1-13492-2006-07 (3) TMK-1-13493-2006-07.

8. The Plaintiff’s submits that, Inspite of above facts 5^th defendant’s is trying to further sell off the suit schedule properties , without the knowledge of plaintiff’s. It came to plaintiff’s knowledge when some persons went to plaintiff’s residence to ask and verify the G-Tree of Plaintiff’s Joint Family.

9. The Plaintiff’s further submits that, Later plaintiff’s demanded defendant’s 1 to 4 to settle their shares and partition the suit schedule properties in end of June 2011. But 1 to 4 defendant’s refused to give plaintiff’s shares and threatened and given vauge and evasive answer only with malifide intention to deprive the rights of the plaintiffs, and hence this suit.

10. The Plaintiff’s further submits that, The cause of action for the suit arose about 20 days back when the plaintiff’s demanded the 1 to 4 defendant’s to allot their legitimate share in all the suit schedule properties by metes and bounds for which defendants refused at Tumkur, within the jurisdiction of this Hon’ble court.

11. The documents related to suit schedule properties are produced along with plaint as Annexure-____ to Annexure-_____for the kind perusal of this Hon’ble court.

12. The suit is valued for the purposes of Jurisdiction and payment of court fee as per valuation slip annexed to this plaint and court fee is paid accordingly on the plaint.

13. The Plaintiff’s further submits, that, she have not filed any other Suit, Petition or application, initiating any other proceedings before any Court or Authority in respect of the subject matter against the Defendants seeking the same relief sought in this Suit.

14. The Plaintiff’s submits, that, she have no other alternative, effective or adequate remedy otherwise than by means of filing this Suit. No proceedings is pending before any other Court on same cause of action.

WHEREFORE, in the above facts and circumstances of the case, the Plaintiff’s most respectfully prays that, this Hon’ble Court may be pleased to PASS A JUDGEMENT AND DECREE against the Defendant’s herein for the following relief/s:

i. DIRECTING a Partition of the Plaint Schedule Property into five legitimate shares by metes and bounds and to after such partition put the Plaintiff’s in separate possession of her legitimate share in Suit Schedule Property.

ii. Declare that the alleged sham sale deeds as described in para 7 of the plaint are not binding on plaintiff’s legitimate share.

iii. DIRECT the Defendant’s to pay the Plaintiff’S the costs of this Suit and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case.

SCHEDULE PROPERTY

1. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 3 acres 36 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Deaf Ranganna’s land,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Kenchaiah, karehanumanthaiah, police nanjappa’s land

2. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 2 acres 21 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Joint family property,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Hirehoblaiah’s land

3. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 1 acres 23 guntas which is having khatha number 46 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Rangamma’s land,

West: Obajaiah’s land,

North: Tovinakere road

South: Hanumanthaiah and Boraiah’s land

PLAINTIFF

ADVOCATE FOR PLAINTIFF

V E R I F I C A T I O N.

I NAGARATHNAMMA the Plaintiff’s hereby declare, that, what is stated in the above paras at 1 to 14 of the Plaint are true and correct to the best of my knowledge, information and belief.

PLAINTIFF

DATE

PLACE: TUMKUR

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

IA …………/2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

INTERLOCUTORY APPLICATION UNDER ORDER XXXIX RULE 1 & 2 READWITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908.

The Applicant/Plaintiff in the above case most respectfully submits that, for the reasons sworn to in the accompanying affidavit, this Hon’ble Court may be pleased to grant an exparte ad-interim Order of Temporary Injunction restraining the Defendant’s from alienating the Suit Schedule Property, mentioned in this IA pending disposal of the above case, in the interest of justice and equity.

SCHEDULE PROPERTY

4. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 3 acres 36 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Deaf Ranganna’s land,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Kenchaiah, karehanumanthaiah, police nanjappa’s land

5. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 2 acres 21 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Joint family property,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Hirehoblaiah’s land

6. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 1 acres 23 guntas which is having khatha number 46 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Rangamma’s land,

West: Obajaiah’s land,

North: Tovinakere road

South: Hanumanthaiah and Boraiah’s land

(APPLICANT)

ADVOCATE FOR APLICANT/PLAINTIFF’S

V E R I F I C A T I O N.

I, NAGARATHNAMMA, the Plaintiff hereby declare, that, what is stated in the above is true and correct to the best of my knowledge, information and belief.

NAGARATHNAMMA

(APPLICANT)

PLACE : TUMKUR

DATED

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

IA …………/2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

A F F I D A V I T

I NAGARATHNAMMA , W/O GANGAPPA, aged about _______ years, Residing at Kestur Grama do hereby solemnly affirm and state on oath as follows :

1. I submit, that, I am the Plaintiff in the above case. I am well conversant with the facts of the case. Hence, I am swearing to the contents of this affidavit.

2. I submit, that, I have filed the above suit for partition and separate possession in the suit Schedule Property against the Defendant’S. Further, I submit that, the averments made in the Plaint may kindly be read as part and parcel of this affidavit in order to avoid repetition of the facts.

3. The 1 to 4 defendant is the managers of the joint family consisting of suit schedule properties and started mis-managing the suit schedule properties for their illegal acts against the interest of joint family, by colluding with 5^th defendant.

4. 5^th Defendant’s are trying to sell off the suit schedule property in order to further complicate the matter and drag delay the legitimate claim of plaintiff. It came to plaintiff’s knowledge when some persons went to plaintiff’s residence to enquire about G-Tree.

5. I have intimated my desire to the 1 to 4 Defendants on several occasions to effect the partition share in the Schedule Property by metes and bounds as I am entitled to share in the Schedule Property, since the same is ancestral property being not divided. But the 1to 4 Defendants have failed to comply with my request and has refused to effect the partition by metes and bounds and put me in possession of share in the Schedule Property. Besides, the 1 to 4 Defendant’s by colluding with 5^th defendant have developed a hostile attitude towards me and and have started giving all sorts of pinpricks to me with an intention to knock of the entire Schedule Property without giving my legitimate share and also through creation of sham sale deeds. Thus, the Defendants by their quixotic behaviour and attitude made our life miserable.

6. Further, I submit that, the Defendant’s who have been hostile towards me on account of demanding my legitimate share in the Suit Schedule Property have been asserting and threatening that they will immediately dispose of and induct some more and more strangers in the Schedule Property. If the Defendant’s are allowed to do so, I will suffer irreparable loss and hardship and the act of the Defendant’s will be prejudicial and detrimental to my rights.

7. I submit that, if the Defendant’s are not restrained by means of Temporary Injunction from alienating, creating charge or encumbering the suit Schedule Property in any manner whatsoever pending disposal of this suit, I will be put to very great hardship, irreparable loss, which cannot be equated in terms of money or monies worth. If the said order is passed in my favour no harm or injury will be caused to the other side.

8. I submit that, I have made out a prima facie case. The balance of convenience fully lies in my favour. If the interim order of Temporary Injunction is granted in my favour no harm will be caused to the other side. Hence, this interlocutory application for interim order, restraining the defendant from alienating, creating charge or encumbering the suit Schedule Property.

WHEREFORE, in the above facts and circumstances of the case, I respectfully pray, that, this Hon’ble Court be pleased to grant an order of Temporary Injunction restraining the Defendant’s from alienating, creating charge over the suit Schedule Property pending disposal of the suit Schedule Property in the interest of the justice and equity.

I the deponent herein, do hereby declare that, this is my name, signature and contents of the affidavit are true and correct to the best of my knowledge, information and belief.

PLACE : TUMKUR

DATED: DEPONENT.

Identified by me

ADVOCATE.

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

V A L U A T I O N S L I P

The Suit is valued at Rs. 45/- (per share) as per the market value of the item 1 and 2 of Schedule Property arrived as per The Karnataka Court Fees And Suits Valuation Act 1958 . The Schedule Property is in joint possession of the Plaintiff’S alongwith the Defendant 1 TO 4, as they being joint owners. Hence, a fixed Court Fee of Rs. 15/- to the share of plaintiff is paid on the Plaint as per Section 35(2) of the Karnataka Court fees and Suit Valuation Act, 1958, Since the total market value of the share itself not crosses Rs 3000-00. The other Relief of declaration sought on the suit schedule property is valued at Rs 954 which is being less than Rs 1000 and fixd court fee of Rs 25-00 is paid.

Relief NO.	Under which section of The Karnataka Court Fees And Suits Valuation Act 1958court fee paid	How much valued	How much court fee paid
1	35(2)	Rs 191 per share	Rs 15-00
2	24(a)	Rs 1000-00	Rs 25-00
			Rs 40-00

HOW MARKET VALUE IS ARRIVED

Serial No. of the property in the plaint schedule	The clause of section 7(2) OF The Karnataka Court Fees And Suits Valuation Act 1958 under which the property comes	The amount of Revenue or other basis for valuation	Method adopted to arrive at the valuation	Valuation arrived at
1	2	3	4	5
1	(a)	12-72	25 times	318-00
2	(a)	12-72	25 times	318-00
3	(a)	12-72	25 times	318-00
				954-00

PLACE : TUMKUR

DATED : ADVOCATE FOR PLAINTIFF’S

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

VERIFYING AFFIDAVIT

I NAGARATHNAMMA , W/O GANGAPPA, aged about _______ years, Residing at Kestur Grama do hereby solemnly affirm and state on oath as follows :

1. I submit that, I am the Plaintiff in the above case. I am well conversant with the facts of the case. Hence, I am swearing to the contents of this affidavit.

2. I submit that, today I have filed the above Suit for Partition and separate possession of our share in the Suit Schedule Property against the Defendants. Further, I submit, that, the averments made in the Plaint may kindly be read as part and parcel of this affidavit in order to avoid repetition of facts.

3. I submit that, the averments made in para 1 to 14 of the accompanying Plaint are true and correct to the best of my knowledge, information and belief.

4. I submit that, the Documents produced in the Plaint are true copies of the Original.

I, the deponent herein, do hereby declare that this is our name, signature and that the contents of this affidavit are true and correct to the best of our knowledge, information and belief.

PLACE : Tumkur

DATED : D E P O N E N T

Identified by me,

Advocate,

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

LIST OF DOCUMENTS

Anne xure	Description
A
B
C
D
E

PLACE : Tumkur

DATED : ADVOCATE FOR PLAINTIFF

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

I N D E X

SL NO	DESCRIPTION	PAGE NO	C.FEE PAID
1	PLAINT UNDER ORDER VII RULE 1 R/W SECTION 26 OF CPC ALONG WITH SECOND COPY		RS 40-00
2	VALUATION SLIP
3	VERIFYING AFFIDAVIT
4	LIST OF DOCUMENTS ALONG WITH DOCUMENTS
5	VAKALATH
6	INTERIM APPLICATION
7	AFFIDAVIT IN SUPPORT OF IA
8	PLAINT COPY

PLACE : Tumkur

DATED : ADVOCATE FOR PLAINTIFF

IRREVOCABLE POWER OF ATTORNEY

IRREVOCABLE POWER OF ATTORNEY

Irrevocable Power Of Attorney is made and executed at Pune this ………... day of ………… 2011.

KNOW ALL MEN BY THESE PRESENTS that I, Mrs. Rukmini Bhagwan Chavan, Age:- , Occupation:- House wife, R./At:- ……………………………………………………….. , do hereby appoint, nominate and constitute Shri. Ganesh Bhagwan Chavan, Age:-31 Years, Occupation:- Advocate, R./At:- Flat No.24, Goyal Enclave Apartment, Alandi Road,Kalas, Vishrantwadi, Pune-15., My son to my lawful Attorney to do for me, in my name and on my behalf all or any of the following acts, deeds and things :-

1. To look after my Flat No.24 …………………………………… on the third Floor ……..

2. To possess and manage the said Property.

3. To take necessary action for preserving and protecting the said property.

4. To deal with the officials and office bearers of the ……………….. Society in respect of the membership and all such matters.

5. To submit applications and letters in respect of my membership and its effective functions related to the said Society.

6. To pay the amounts of monthly maintenance of the said Society and obtain and receive the appropriate receipts passed and issued by the said society.

7. To apply to the said society for obtaining necessary documents such as share certificates, etc.

8. To apply to the said Society for obtaining necessary permission for the sale of the said flat and also transfer of my membership in the name and in favour of the prospective purchaser or the purchasers.

9. To prepare, sign, obtain and produce all the necessary deeds of documents and instruments for effective sale and transfer of the said flat.

10. To negotiate about the amount of consideration and purchase price and arrive at the best of the possible terms and conditions by bargaining in that respect.

11. To make, swear in and produce the necessary affidavits for obtaining documents such as Index II, original Index II, etc. in respect of the said property.

12. To apply for and sign necessary applications and documents in respect of the Pune Muncipal Corporation for the assessment of taxes and such other charges.

13. To apply for, sign and process necessary applications, letters, communications and documents in respect of the Maharashtra State Electricity Board for billing and effective transfer of energy meter in the name of the purchaser/s of the said flat.

14. To enter into and sign all the necessary agreements to sell of the said flat to the purchaser/s of his choice.

15. To receive the amounts of consideration and also appropriate the same as he wishes or proposes.

16. To file, submit and produce the form of nomination, duly signed, to the said Society.

17. To approach and obtain necessary consent of the concerned promoters and builders for the sale and transfer of the said flat.

18. To take appropriate legal actions against the concerned persons in respect of the said flat.

19. To hand over the possession of the said flat to the prospective purchaser.

20. To give the said flat on live and license basis or on the terms and conditions as he may deem fit.

21. To receive and recover the amounts of rent and premium from the person or tenant in the said flat.

22. To hand over possession of the said flat to the purchaser.

23. To sign and deliver for registration and admit the execution of the agreement to sell and sale-deed in respect of the said flat in favour of the Purchaser/s and also lodge all such documents for registration with the office of the concerned Sub-Registrar.

24. To evict and exclude any persons who may be claiming possession thereof, and, if necessary, to take an appropriate legal action therefore.

25. To engage and instruct lawyers, to depose and testify before the courts of law, to file affidavits, to sign pleadings and written statements, if necessary, before courts, to compromise and withdraw the suits, to deposit and withdraw amounts from the courts.

26. To sign and make affidavits, declarations, indemnity bonds, undertakings, documents, agreements, receipts, declarations as may be required for the sale and transfer of the said flat and for the due exercise of the powers hereby conferred upon my said attorney.

27. To make an affidavit for the purpose of the original Index II.

28. AND GENERALLY to do all other acts, deeds and things as may be necessary for effectively carrying out the powers hereby given.

I do hereby agree and undertake to ratify and confirm all such acts, deeds and things as may be lawfully done by my said attorney by virtue of the powers hereby given, and I further agree that all such acts, deeds and things as may be lawfully done by my said attorney shall be construed to be the acts, deeds and things as if done by me personally.

IN WITNESS WHEREOF I have signed hereunder at Pune this ……. day of …….. …… 2011.

WITNESS:-

1. Sign:-

Name :-

Add :-

Principal

2. Sign:-

Name:-

Add:-

Attorney Holder

Mortgage Deed

MORTGAGE-DEED

THIS DEED OF MORTGAGE made at this __ day of _ 200 _

BETWEEN

_______________________________age years, occupation - _____,

resident of hereinafter called the MORTGAGOR, (which express shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the One Part

AND

M/s_____________________________________________________________________________________________ a bank incorporated under the Indian Companies Act 1956, having its registered office at and branch office at acting through its Branch Manager, Shri age years, occupation service, resident of hereinafter called the MORTGAGEES, (which express shall, unless repugnant to the context, mean and include the said Bank, its officials, employees, servants, executors, administrators and assigns) of the Other Part.

WHEREAS the mortgagor has been running his business in general stores and stationery at the

AND WHEREAS the mortgagor proposed to expand the said business;

AND WHEREAS for the purpose of the expansion of the said business, the mortgagor is in need of finance;

AND WHEREAS with a view to securing finance, the mortgagor approached the mortgagee bank for the grant of a loan of Rs. _________;

AND WHEREAS the mortgagees are ready and willing to advance such a loan unto the mortgagee provided the mortgagor furnishes a suitable security for the same;

AND WHEREAS the mortgagees have approved towards a security the mortgage of the house property situate at CTS No. described in further details in the schedule here under;

NOW, THIS DEED WITNESSES as follows :

1. That the mortgagees have today paid and advanced unto the mortgagor a sum of Rs. _________/- (Rupees Five Lac Only) the receipt whereof the mortgagor dies hereby acknowledge unto the mortgagees.

2. That the said amount of loan shall carry interest @ 15% per annum payable by the mortgagor unto the mortgagee bank on the expiry of each year, and the principal amount shall be refunded in instalments by the mortgagor unto the mortgagees within a period of five years from the date of the execution of these presents.

3. That the mortgagor does hereby transfer and convey his property bearing House No. described in further details in the schedule here under, unto the mortgagee bank TO HAVE AND TO HOLD the same as a simple mortgage and by way of security for the refund and repayment of the said amount of loan and interest due thereon.

4. That the rights and duties of the parties hereto shall be that of a simple mortgage within the meaning, provision and interpretation of the Transfer of Property Act.

THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO :

All that piece and parcel of land situate within the Registration Division & District Sub-Division & Taluka ____within the local limits of the Municipal Corporation, bearing House No. of admeasuring _____ sqft or thereabouts, and bounded by as follows :

On or towards the East _

On or towards the South _

On or towards the West _

On or towards the North _

together with a two-storeyed building standing thereon.

IN WITNESS WHEREOF the parties hereto have signed here under at the date first above mentioned.

Sd/-

MORTGAGOR

Sd/-

MORTGAGEES

Witnesses :

1. Sd/-

2. Sd/-

Agreement to Sell

AGREEMENT TO SELL

THIS AGREEMENT TO SELL made at this _ day of 200_

BETWEEN

_______________________________age years, occupation - _____, resident

of hereinafter called the VENDOR, which expression shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns)of the One Part

AND

_______________________________age years, occupation - _________, resident of hereinafter called the PURCHASER, (which expression shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the Other Part.

WHEREAS the property bearing Plot No. 30, out of Survey No. 300, of the revenue village ___ Taluka_________ District________ described in further details in the schedule here under, is owned and possessed by the present vendor;

AND WHEREAS the vendor decided to sell and dispose of the said property;

AND WHEREAS the purchaser approached the vendor with such a proposal to purchase and acquire the said property;

AND WHEREAS the purchaser has offered the best of the possible terms unto the vendor;

AND WHEREAS the vendor has agreed to sell, transfer and convey the said property unto the purchaser;

AND WHEREAS the parties hereto have worked out the terms and conditions of their agreement and also decided to reduce the same into writing;

NOW, THIS DEED WITNESSES, and it is hereby mutually agreed by and between the parties as follows :

1.That the vendor does hereby agree to sell, transfer and convey his property bearing Plot No. 30, out of Survey No. 300, of the revenue village ____ Taluka District ____described in further details in the schedule here under, unto the purchaser for and at a price of Rs. ________/- of which the purchaser has today paid unto the vendor a sum of Rs. _____/- by cheque/demand draft bearing No.___, dated ____, drawn on the State Bank of India, Branch, the receipt whereof the vendor does hereby acknowledge unto the purchaser, and the balance of the purchase-price, i.e. Rs. __________/- shall be payable by the Purchaser unto the vendor at the time of the execution of sale-deed and final conveyance.

2. That the vendor does hereby assure unto the purchaser that he, the

vendor has a clean, clear and marketable title to the said property,

and that he has neither subjected the same to any encumbrance whatsoever, nor is it a subject-matter of any pending litigation, requisition or acquisition proceedings.

3. That the vendor further assures unto the purchaser that he, the vendor, has not agreed or entered into any agreement to sell the said property to any person other than the present purchaser.

4. That the vendor also assures unto the purchaser that all the taxes, cesses, charges and assessments payable in respect of the said property have been duly paid out by the vendor uptodate, and those accruing and becoming due hereafter shall be borne out by the purchaser.

5. That the vendor shall apply for, obtain and furnish unto the purchaser all the necessary permissions, exemptions and clearances under the provisions of the Urban Land (Ceiling & Regulation) Act 1976, the Income Tax Act 1961, or any other laws in force from time to time.

6. That all the expenses of stamp duty and registration charges shall be borne out by the purchaser alone.

THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO :

All that piece and parcel of land situate within the Registration Division & District , Sub-Division & Taluka , within the local limits of the Pune Municipal Corporation, revenue village bearing Plot No. out of Survey No. ___, admeasuring _____ sqft or thereabouts, and bounded by as follows :

On or towards the East _

On or towards the South _

On or towards the West _

On or towards the North _

IN WITNESS WHEREOF the parties hereto have signed here under at the date first above mentioned.

Sd/-

VENDOR

Sd/-

Witnesses : PURCHASER

1. Sd/-

2. Sd/-