LL.B (3 YDC, VI Semester) PAPER
V
–
Moot Court (Civil Case)
Raghunadh Sir Dictated notes
1
A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College
MOOT COURT PROBLEM – 1
CIVIL CASE
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Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
MOOT COURT PROBLEM – 1
CIVIL CASE
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
PADALA RAMA REDDI LAW COLLEGE
MOOT COURT CASES – 2020-
LL.B. 3/3 YDC
CASE 1 - CIVIL
Mr. Venkateswar is a Fancy shop owner and his wife Mrs. Padmavathi is a private employee. Both of them have planned to have a house of their own. Being averse to apartment culture, they thought of purchasing an open plot and construct their dream house.
One day during a chit chat with one of his business customers, Mr. Venkateswar came to know about an open plot for sale very near to his residence. Mr. Venkateswar along with his wife approached the owner of the plot Mr. Parameswar, a 60 Years old Retired person, who is in a hurry to sell the plot and go abroad in order to stay with his son in U.S.
After negotiations between the parties, it is agreed that the sale consideration for the open plot is Rs. 50 Lakhs and a sale agreement will be executed with an advance of Rs. 20 Lakhs being paid immediately and balance amount to be paid in full at the time of registration of the property. Accordingly Mr. Venkateswar paid Rs. 20 Lakhs on signing the sale agreement and told Mr. Parameswar that very soon he will intimate the date for registration of the property after organising balance funds.
Mean while due to some business problems Mr. Venkateswar could not organise the balance funds and requested Mr. Parameswar to permit some more time. Two months time have rolled, in mean time, Mr. Venkateswar received phone calls from Mr. Parameswar, who asked to settle the transaction as early as possible as he is in a hurry to move to U.S.
At last after a month time, when the business problems of Mr. Venkateswar was resolved, he went to Mr. Parameswar to tell him that needed funds are organised and he is ready for the registration of the property. But to his surprise, Mr. Parameswar told that he had already sold the plot to one Mr. Rameswar, since because Mr. Venkateswar did not turn back on time. Not only this, Mr. Parameswar rejected to refund the advance amount paid by Mr. Venkateswar and asked him to do whatever he wants. Mr. Venkateswar approached you for a legal relief, suggest him.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
- It is submitted that, the Defendant is a 60 year old retired person, who was in a hurry to sell the suit schedule property and go abroad in order to stay with his son in U.S.
- It is humbly submitted that, the defendant has entered into a sale agreement with the plaintiff on date: 21-10-2020 for the sale of suit schedule property for a sale consideration of Rs.50 lakhs which was executed with an advance of Rs. 20 Lakhs paid immediately and agreed that the balance amount to be paid at the time of registration of the property. Plaintiff told that he will intimate the date for registration of the property after organizing balance funds.
- It is humbly submitted that, due to some business problems, the plaintiff could not organize the balance funds and requested the defendant to permit some more time and the defendant agreed for the same on date: 21-11-2020.
- In the meanwhile, Plaintiff organized the balance funds and approached the defendant for the registration of the suit schedule property on date: 25-02-2021, but to his surprise, Defendant told him that suit scheduled property has already been sold to one Mr. Rameswar on date: 05-02-2021.
- It is humbly submitted that, Defendant did not wait and not been given an opportunity of being heard and also refused to refund the advance amount paid and behaved rudely asking the plaintiff to do whatever he wants.
- It is humbly submitted that, aggrieved by the response given by the Defendant, the Plaintiff filed the present suit for the specific relief of the specific performance of the contract for the purpose, the balance consideration of sale to the tune of Rs.30,00,000/- (Thirty lakh rupees) is been deposited in the Hon’ble Court.
- It is being humbly submitted that, the plaintiff herein has not filed any suit or any other proceedings before any other court or tribunal in respect of the suit schedule property seeking for the specific performance of the contract or for any relief.
- That the Plaintiff submits that, there is no other better remedy available to the plaintiff except to approach this Hon’ble Court for appropriate justice.
- It is submitted that, the balance of convenience is in the favour of the plaintiff and the acts and omissions of the Defendant herein are against law, public policy and principles of natural justice.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
IV. Cause of action (a) Cause of action for filing the present suit has arisen on the date: 21-10-2020, when the Plaintiff and Defendant herein have entered into an agreement for sale in respect of suit scheduled property.
(b) The date: 05-02-2020, when the Defendant had proceeded towards sale of property to the third party without issuing any notice to the Plaintiff.
(c) The date: 25-02-2020, when the Plaintiff met the Defendant and when the Defendant harshly turned down the claim of the Plaintiff by rejecting the Plaintiff’s proposal of paying balance consideration of Rs.30,00,000/- (Thirty lakhs rupees) and to complete the sale transaction.
V. Jurisdiction of Court The value of the suit scheduled property is assessed at Rs.50,00,000/- (Fifty lakh rupees), the property being an immovable property and also since the cause of action arose at Hyderabad. Therefore, this Hon’ble Court has got jurisdiction to entertain this suit.
VI. Limitation The suit is filed well within, the limitation period prescribed under the Limitation Act, 1963.
VII. Court Fees and Suit Valuation The suit scheduled property is valued at Rs.50,00,000/- (Fifty lakh rupees) for the present purpose and accordingly a sum of Rs.52,426/- (Fifty two four hundred twenty six rupees) is deposited in the office of the Court towards court fees and suit valuation under the provisions of Andhra Pradesh Court Fee and Suit Valuation Act,
VIII. Interim Relief The Plaintiff humbly prays that pending final disposal of the Original Suit, this Hon’ble Court may be pleased to grant ad-interim relief by way of temporary injunction restraining the Defendant from proceeding with the alienation of the said scheduled property and to such other or further order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.
IX. Prayer The Plaintiff humbly prays that this Hon’ble Court may be pleased to pass a judgment and decree in favour of the Plaintiff and against the Defendant.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
VERIFICATION
I, the above named Plaintiff, hereby declare that the contents mentioned above are true to the best of my knowledge and belief. Hence, verified.
Place: Hyderabad Date: 01-03-
Sd/ - Venkateshwar (Plaintiff)
SCHEDULE OF PROPERTY
ALL THAT the Schedule Property bearing Plot No.204, Survey No. 240, Admeasuring 220 Sq. yards, situated at Yousufguda, Hyderabad District, and bounded as follows:
NORTH : 30” wide Road SOUTH : Neighbours property Plot No. EAST : Neighbours PROPERTY Plot No. WEST : 10” wide Road
Place: Hyderabad Date: 01-03- Sd/ - Venkateshwar (Plaintiff)
LIST OF DOCUMENTS
- Xerox copy of Agreement of Sale between Plaintiff and Defendant
- Cheque details: dated 21-10-2020 bearing cheque No.123456, Union Bank for amount (Deposit slip).
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
IN THE COURT OF THE HON’BLE
SENIOR CIVIL JUDGE,
CITY CIVIL COURT AT HYDERABAD
O.S. No. 85 of 2021
BETWEEN:-
Mr. Venkateshwar
.... Plaintiff
AND
Mr. Parameshwar
.... Defendant
PLAINT FILED UNDER SECTION
26, ORDER VII RULE 1 & 2 OF
THE CODE OF CIVIL PROCEDURE
1908 R/W SPECIFIC RELIEF ACT,
Filed on: 01-03-
Filed by:
Counsel for Petitioner/Plaintiff
COUNSEL ADDRESS: A. MALLIKARJUN, H. No. 6-3-1185/76, B. S. Maktha, Begumpet, Hyderabad – 500016. Phone No. 9642099922
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
- I submit that, when the Defendant is approached and asked about his breach of Sale Agreement, he behaved very rudely and turned down to accept the balance consideration of Rs.30,00,000/- (Rupees Thirty Lakhs).
- I submit that, the cause of action arose within the territorial jurisdiction of this Hon’ble Court and therefore this Hon’ble Court can entertain this suit.
- I submit that the suit is filed within the period of limitation prescribed under the limitation Act, 1963.
- I submit that, there is no other effective alternative remedy available except invoking the original jurisdiction of this Hon’ble Court.
- I submit that, the necessary court fee is already paid as per Andhra Pradesh Court Fee and Suit Valuation Act, 1956.
- I submit that, the balance of conveyance is in my favour and acts and omissions of the Defendant herein are against the law, equity and good conscience. Therefore, I pray the Hon’ble Court to pass a judgment and decree in my favour and against Defendant.
- I submit that, the facts stated in the plaint are true to the best of my knowledge and belief.
Hence, verified.
Place: Hyderabad Date: 01-03-
Sd/- Deponent Sworn and signed, On this the 1st^ day of March, 2021, in my presence at Hyderabad.
Before me,
Sd/- Advocate
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
Interlocutory Application seeking for an Interim Relief:
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE AT HYDERABAD
I.A. No. 94 OF 2021
IN
O.S. No. 85 OF 2021
BETWEEN: Mr. Venkateshwar S/o. Gyaneshwar, Aged about 45 years, Occ: Business, R/o. Yousufguda, Ameerpet Hyderabad. ..... Petitioner/Plaintiff
AND
Mr. Parameshwar S/o. Nageshwar, Aged about 60 years, Occ: Retired Employee, R/o. Yellareddy guda, Ameerpet, Hyderabad. ..... Respondent/Defendant
PETITION FILED BY THE PETITIONER/PLAINTIFF UNDER ORDER XXXIX R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE 1908
I. Description of the Plaintiff:
The description of the plaintiff is same as that specified in the above cause title and address for the service of summons notices and processes in respect of ht plaintiff is the same as that of his/her counsel Mr./Mrs. Mallikarjun, Court premises, Hyderabad.
II. Description of the Defendant: The description of the defendant is same as that specified as above in the cause title for the service of summons, notices and processes.
For the reasons mentioned in the accompanying plaint and affidavit but and pending the final disposal of the suit, it is humbly prayed that this Hon’ble court may be pleased to grant Ad Interim Relief by way of a temporary injunction restraining
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
IN THE COURT OF THE HON’BLE
SENIOR CIVIL JUDGE,
CITY CIVIL COURT AT HYDERABAD
I.A. No. 94 of 2021
In
O.S. No. 85 of 2021
BETWEEN:-
Mr. Venkateshwar
...Petitioner/Plaintiff
AND
Mr. Parameshwar
...Respondent/Defendant
PETITION FILED BY THE
PETITIONER /PLAINTIFF UNDER
SECTION 151 OF THE CODE OF
CIVIL PROCEDURE 1908
Filed on: 01-03-
Filed by:
Counsel for Petitioner/Plaintiff
COUNSEL ADDRESS: A. MALLIKARJUN, H. No. 6-3-1185/76, B. S. Maktha, Begumpet, Hyderabad – 500016. Phone No. 9642099922
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
Written Statement:
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE, CITY CIVIL COURT AT HYDERABAD
O.S. No. 85 of 2021
BETWEEN:
Mr. Venkateshwar S/o. Gyaneshwar, Aged about 45 years, Occ: Business, R/o. Yousufguda, Ameerpet Hyderabad. ..... Plaintiff
AND
Mr. Parameshwar S/o. Nageshwar, Aged about 60 years, Occ: Retired Employee, R/o. Yellareddy guda, Ameerpet, Hyderabad. ..... Defendant
WRITTEN STATEMENT FILED ON BEHALF OF DEFENDANT UNDER ORDER VIII OF CODE OF CIVIL PROCEDURE 1908
The above named Defendant humbly submits as the follows:
- The contentions raised and the averments made by the Plaintiff in his Plaint and Affidavit are totally false, frivolous, concocted, illegal, unreasonable and against the settled principles of law and public policy, equity and good conscious and therefore the Defendant denies the same as false except to the extent of which he expressly admits herein as follows.
- In reply to paragraph 1, it is submitted that the facts mentioned therein are true and there is no objection as such.
- In reply to paragraph 2, it is submitted that the facts mentioned therein are true and there is no objection as such.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
Place: Hyderabad Date: 26-03- Sd/- Parameshwar (Defendant)
Sd/- Counsel for Defendant
VERIFICATION
I, Parameshwar the above named Defendant hereby declare that the contents mentioned in the above paras are true to the best of my knowledge and belief. Hence, verified.
Place: Hyderabad Date: 26-03- Sd/- Parameshwar (Defendant)
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
IN THE COURT OF THE HON’BLE
SENIOR CIVIL JUDGE,
CITY CIVIL COURT AT HYDERABAD
O.S. No. 85 of 2021
BETWEEN:-
Mr. Venkateshwar
.... Plaintiff
AND
Mr. Parameshwar
.... Defendant
WRITTEN STATEMENT FILED ON
BEHALF OF DEFENDANT UNDER
ORDER VIII OF CODE OF CIVIL
PROCEDURE 1908
Filed On: 26-03-
Filed By:
COUNSEL FOR DEFENDANT