MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

B.A.LL.B.(Hons.) Year-II Semester-IV: Academic Year : 2020-2021

Second Open Book Assessment, April-2021
4.2 Property Laws

Total Marks: Forty (40)

Instructions:
1. Read the questions carefully and answer.
2. No clarification shall be sought on the question paper.
3. Use the Answer File Template sent by Examination Section and fill the necessary
information.
4. Answer File Nomenclature : UID and Course Name (For Example-UID: UG2019-01
& Course: 4.1 Constitutional Law-I, Answer File Nomenclature: 2019-
01Constitutional Law).
5. Use of open resource(s) to answer the question(s) permitted.
6. Email the answers in MS Word File to the respective subject teacher on or before 11:59
pm, May 02, 2021 (Sunday), without fail.
7. Students are advised not to consult any faculty member/outsider or any other person
regarding the questions and must strictly adhere to professional values.
8. Students must ascertain the elements of academic integrity and originality in the
answer.
9. The contents of question papers are made strictly for private circulation only.

Note: Total No. of questions are SIX (6). Attempt any FOUR (4) questions.

1. Mr. A executed a sale deed on 22/2/2021 (registered on 07/03/2021) in respect of the house
property in favour of Mr. B for a consideration of Rs. 20,00,000/-. A sum of Rs. 10,00,000/-
was paid by Mr. B at the time of execution and registration of sale deed, and the balance
of Rs. 10,00,000/- was to be paid subsequently to Mr. A as and when he requires it before
the delivery of the registered sale deed.

Mr. A retained the registration receipt in regard to the sale deed and agreed to deliver it to
Mr. B against payment of the balance sale consideration. But Mr. A intentionally avoided
receiving the balance of Rs. 10,00,000/- and did not deliver the registration receipt. Mr. B
issued a legal notice calling upon Mr. A to deliver the registration receipt so that he could
collect the original registered sale deed. But Mr. A sent a reply denying the receipt of Rs.
10,00,000/- and stated that the entire consideration is due. Mr. B filed a suit and sought a
decree for a direction to Mr. A to deliver the registration receipt relating to the sale deed
dated 22/2/2021 by receiving the balance sale consideration of Rs. 10,00,000/-.

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 Argue the case in favour of Mr. B in the trial court with appropriate statutory and judicial
references highlighting the major issues relating to sale of immovable property and effect
of registration. 10 Marks

2. Mr. A is a tenant in possession of 5th floor of a seven storey building owned Mr. B. The
area under occupation of Mr. A is 1600 sq. feet. Mr. A is a tenant of this premises since
01/01/2018 under an agreement of lease which has been extended from time to time.

Suddenly Mr. B revised the monthly rent of this premises by his letter of 05/05/2020 from
Rs. 70000/- to Rs. 1,00,000/- including Municipal taxes and miscellaneous charges. The
relevant clause from the lease deed reads as follows- ‘The Lessor doth hereby convenant
with the Lessee that upon the Lessee paying the rent hereby reserved regularly and
observing and performing all the convenants and conditions herein contained, the Lessor
shall on Lessee's request extend the period of the lease on the same terms and conditions
not exceeding five years from the expiration of the terms hereby granted subject however
that there will be an escalation/increase in the rent hereby reserved by 35% of the rate
mentioned hereinabove.’ However several importatnt facilities such as lift, 24 hours water
and electricity supply and security of the building were not working properly. Mr. A sent a
notice to Mr. B for full fledged working of the services and stopped paying the rent.

Mr. B filed a suit for re-entering the premises. Argue the case in favour of Mr. A in the trial
court with appropriate statutory and judicial references highlighting the major issues.
10 Marks

3. Mrs. A, the mother-in-law of Mr. B, out of love and affection had executed a registered gift
deed in 19/03/2020 in favour of Mr. B in respect of 0.625 decimals of land, which was Mrs.
A’s self -acquired property. Mrs. A also delivered possession to Mr. B.

However on coercion by Mr. C, the only son of Mrs. A, she agreed to execute a deed of
revocation of the aforesaid gift deed on 31/03/2020 without the knowledge and concent of
Mr. B. The deed of revocation was duly registered on 02/04/2020. However Mrs. A
suddenly died on 03/04/2020. Mr. C performed the last rites of Mrs. A and thereafter got
all the property of his mother by way of succession as the only living child of the family.

Subsequently Mr. C sold the aforesaid land property of 0.625 decimals to one Mr. D on
02/05/2020. Now Mr. D wanted to take the possession of the said land property. So Mr. C
asked his borther-in-law Mr. B to deliver the possession of the property to Mr. D. Mr. B
resisted vehemently to this request and showed the registered gift deed. Now Mr. D filed a
suit for possession of the land property from Mr. B and he also made Mr. C as a defendant.

Argue the case in favour of Mr. B in the trial court with appropriate statutory and judicial
references highlighting the major issues. 10 Marks

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 4. Mr. A created an equitable mortgage of his land property at Khapri Village, Nagpur
measuring 2000 sq.ft. for a loan of Rs. 10,00,000/- in favour of the XYZ Bank by deposit
of title deeds on 15/03/2009. The Bank instituted a suit for recovery of the loan by sale of
the mortgaged property in 10/03/2019. The property was sold in auction on 05/09/2019.
Mr. B being the highest bidder at Rs. 12,00,000/, a sale certificate was issued on
02/07/2019.

One Mr. C stated to have purchased the mortgaged property from Mr. A by a sale deed
dated 12/08/2011. Asserting possession, Mr. C preferred a suit on 12/07/2019 seeking
permanent injunction restraining Mr. B and Mr. A from interfering with his peaceful
possession. The suit of Mr. C was dismissed along with the appeals. Mr. C thereafter
preferred a suit for redemption of mortgage on 21/03/2020, and impleading the XYZ Bank
as the first defendant, Mr. B as the second defendant and Mr. A as the third defendant.

Decide the case with appropriate statutory and judicial references highlighting the major
issues. 10 Marks

5. Draft a sale deed based on the following Contract for Sale. 10 Marks

“CONTRACT FOR SALE

This CONTRACT FOR SALE made this 21st day of December in the year Two Thousand
Nineteen.
AMONGST

1) SRI PARTHA PRATIM DE (PAN ABCDE 8352 F), 2) SRI GOUTAM DE (PAN AVZPD
8615 Q), both sons of Late Phalguni Narayan Dey, both by faith Hindu, by occupation business,
by citizen Indian, residing at No-85/16, G.T. Road (West), P.O. Mallickpara, P.S Serampore, Dist:
Hooghly, Pin-712203, hereinafter called and referred to as the “OWNER”.
(which term or expression shall unless excluded by or repugnant to the subject or context be
deemed to mean and include its successors-in-office, executors, administrators, legal
representatives, nominees and/or assigns) of the FIRST PART.

AND

WALLBRIDGE REALTY LLP, (PAN EFGHT 0560 F) a Partnership firm having its registered
office at LP 28/38, 24, Bellius Road,1st Floor, Room No.1/6 Howrah-711101, represented by its
Partners 1) MR. MANOJ KUMAR MUNDHARA, (PAN VFRDS 7420 F), son of Late Krishan
Lal Mundhara, by Nationality Indian, by faith Hindu, by profession business, residing at 13/4/1,
Dr. P.K. Banerjee Road, Second Floor, P.O. & P.S. Howrah, District Howrah, Pin-711101, 2)
MR. NABI HASSAN, (PAN GTFRD 8711 P), son of Late Rozan Ansari, by Nationality Indian,
by faith Muslim, by profession business, residing at 56, Dr. Abani Dutta Road, P.O. & P.S.
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Golabari, District-Howrah, Pin-711101, hereinafter called and referred to as the “DEVELOPER/
CONFIRMING PARTY” (which term or expression shall unless excluded by or repugnant to the
subject or context be deemed to mean and include its successors-in-office, executors,
administrators, legal representatives, nominees and/or assigns) of the SECOND PART.

AND

SRI SHISHIR KUMAR MUKHERJEE (PAN: OIUYT 1162 H), son of Naresh Chandra
Mukherjee, by faith Hindu, by occupation Service, residing at 72/54 Khatir Bazar Lane, Post
Office Mahesh, Police Station Serampore, District Hooghly, Pin 712202, hereinafter called and
referred to as the “PURCHASER” (which term or expression shall unless excluded by or
repugnant to the subject or context be deemed to mean and include its heirs, executors,
administrators, legal representatives, nominees and/or assigns) of the THIRD PART.

WHEREAS ALL THAT piece and parcel of BASTU land measuring more or less 03
(Three) Cottah 00 (Zero) Chittack 00 (Zero) Sft, equivalent to 5 Satak, together with building
standing thereon. Lying and situated in the-District of Hooghly, A.D.S.R. & P.S. Serampore,
Mouza- Serampore, J.L.No.13, comprised in R.S. Dag No.358,, under R.S.Khatian No. 4181,
corresponding with L.R. plot No. 618, under L.R. Khatian No. 29928 & 29929, within the ambit
of Serampore Municipality being Municipal Holding No. 85/16, G.T. Road (West), Ward No.4,
Serampore, Hooghly, more fully and particularly described in the schedule “A” hereunder written
and for the sake of brevity, hereinafter called the “said property”. The “said property” along with
some other properties were originally owned and possessed by (i) Rabindra Kumar Goswami, (ii)
Kanailal Goswami and (iii) Saroj Kumar Goswami. The aforesaid owners by virtue of a deed of
Partition Dated 29.03.1963, partitioned the said property among themselves and said Kanailal
Goswami became the absolute owner of 01 Acre 10 Satak landed property including the schedule
“A” mentioned property by virtue of the said Deed of Partition.

AND WHEREAS on 05.05.1972 said Kanailal Goswami executed a Deed of Sale in favour of
Smt. Kamala De, wife of Sri Phalguni Narayan De, duly registered in the A.D.S.R.O. Serampore,
vide Book No.-1, Volume No.-37, and Pages from 60 to 63, Being No.-2245, for the Year-1972
and sold, transferred, conveyed Three Cottah of Landed property, fully described in the “A”
schedule hereunder written, in favour of Smt. Kamala De, wife of Phalguni Narayan Dey.

AND WHEREAS said Smt. Kamala De died intestate on 01.08.2013, leaving behind her two sons
as her legal heirs. The husband of said Smt. Kamala De died intestate on 29.10.2009. As such her
two sons namely i) Mr. Partha Pratim De and ii) Mr. Goutam De (The Party of the First Part)
jointly became the absolute owner of the “A” schedule mentioned property by way of inheritance
and jointly exercising their right, title, & interest over the “A” schedule mentioned property by
mutating their names in the R.O.R of Serampore Municipality and in the office of B.L & L.R.O
Serampore Uttarpara Block and New Khatian opened in their names.

AND WHEREAS the party of the First Part, on 31.07.2015 by executing a Developer Agreement
Cum General Power of Attorney, duly registered in the ADSRO, Serampore, vide Book No.-1,
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C.D. Vol. No.-0605-2015, Pages from 56974 to 56997, being No.-060505523, for the year 2015,
appointed the developer/confirming party for making a multi-storied building (G+4) over the said
“A” Schedule property on joint venture basis at the cost of the developer/confirming party .

AND WHEREAS by virtue of the aforesaid Developer Agreement Cum General Power of
Attorney, the aforesaid owner/ Party of the First Part, empowered the Developer /Confirming party
to construct a multi-storied building (G plus 4) over the “A” schedule mentioned property, being
municipal holding No. 85/16 G.T. Road, (West), Serampore, Hooghly and also to sale the
Developer’s allocation in the said building to the intending purchasers and to receive their earnest
money against such sale.

AND WHEREAS by the strength of aforesaid agreement and Power of Attorney the
developer/confirming party herein, for the purpose of constructing a multi-storied building
comprising of Ground plus four upper floors and other utility space, in the schedule “A” property
here under written and for the sake of brevity herein after called and referred to as “the said
property”. The owner and the developer/confirming party have obtained a sanctioned building
plan from Serampore Municipality vide Petition No-669 dated 16/08/2016 and completed the
proposed construction.

AND WHEREAS by virtue of and under the terms and conditions of the aforesaid Developer
Agreement Cum General Power of Attorney the developer /confirming party prepared feasible
multi-storied building along with Ground plus four upper floors as per sanction plan over the ‘A’
schedule property at its cost and made publicity to sell, flat, garage, godown etc. thereto, in the
said building from its allocation to the prospective buyers.

AND WHEREAS the purchaser herein with the intention to purchase one complete residential flat
in the “A” Schedule building, has inspected the relevant Title Deeds, documents, agreement,
sanctioned building plan, tax receipts, rent receipts and nature of construction and being fully
satisfied made approach to the owner and/or the developer/confirming party to purchase one
complete residential flat being Flat No 401 on the Fourth Floor measuring about super-built-up
area about 700 Sft. a little more or less, particulars of which mentioned in the “B” Schedule
hereunder written, together with undivided, proportionate share of land underneath of the building
of “A” Schedule property and also to grant right of common user of path, passage, lobby and all
other facilities made for common use for the flat owners annexed with the “A” Schedule building.

AND WHEREAS the OWNER and or DEVELOPER/ CONFIRMING PARTY considering the
proposal of the PURCHASER hereby agreed to sale transferred and convey the “B” schedule
mentioned property in favour of the purchaser on the following terms and condition.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. That the party of the FIRST PART /developer/confirming party hereby agrees to sale
transferred and convey the “B” schedule mentioned property in favour of the purchaser i.e. the
party of the THIRD PART at a consideration of. Rs. 12,00,000/- (Rupees twelve lakhs) only.

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2. That The purchaser has paid Rs 80,000/- (Rupees Eighty Thousand) only as advance
money to the Owner/ developer/ confirming party on the date of execution of this agreement on
the manner described in the Memo of Consideration hereunder written.
3. That the balance consideration amount will be paid by the purchasers to the owners
/developer/confirming party within 12 months from the date of execution of this agreement.
4) That the owners/ developer/confirming party has delivered all the Xerox copies of the relevant
documents relating to the “A” Schedule mentioned Property to the purchaser for proper
verification. The Purchaser has however satisfied himself by searching about the documents, title
of the owners’ e.t.c through his/her Ld Advocate.
5) That the owners /developer/confirming party shall executed and register the proper deed of
conveyance of the schedule mentioned property in favour of the purchasers after receiving full
and final payment of the above mention consideration price.
6) That the owners /developer/confirming party shall delivers the peaceful possession of the “B”
schedule mentioned property to the purchaser immediate after receiving full consideration
amount. The purchaser is duty bound to pay all balance consideration money in favour of the
owners/developer/confirming party within three month from the date of execution of this
agreement.
7) That If the owners / developer/confirming party fails to hand over the possession of the “B”
Schedule property to the purchaser or to registered the instrument regarding the same after
receiving full and final payment from the purchaser, then owner /developer/ confirming party will
liable to be compensate the purchaser and the purchaser will be at liberty to file suit against the
owners/ developer /confirming party before the proper forum to registered the instrument
regarding the “B” schedule mentioned property in favour of the purchasers.
8) That if the purchasers failed to pay the balance consideration amount to the
vendor/developer/confirming party within the stipulated period then the owner/
developer/confirming party has every right to terminate this agreement and to sale the “B”
Schedule property to any third party and will refund the advance money to the purchaser after
deducting 20% of the advance money as damage charge.
9) That It is agreed by the purchaser that he/she will bear the total cost and expenses for preparing
the instrument of sale proceed of the Schedule property and for registering the same before the
competent authority. The owners/ developer/confirming party will sign and registering the
instrument as prepare by the purchaser for such sale, by appearing physically before the competent
authority.

OWNER’S RIGHT AND OBLIGATIONS

1. That the Owner shall make available copies of the Title Deeds and other documents for
verification and title satisfaction for the Purchasers if so ask and enquiry by the purchasers for
the examination of papers and documents of title satisfied about the marketable title of the
owner of the property.
2. That the owner shall execute and register Deed of conveyance in favour of the Purchasers or
their nominated in Schedule “B” below along with proportionate share of land through their
Constituted Attorney.

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3. That the Owner, if required by the Developer and/or by the Purchasers shall sign all papers,
documents, swear, affidavit and sign all other forms and requisition for the purpose of
submitting the property to the Apartment Ownership Act at the cost of the Purchasers.
4. That the owner shall pay the Municipal tax and other outgoing in respect of the said property
upto the date of actual registration of Deed conveyance or delivery of possession, whichever
is earlier.
5. That the owner shall always give their consent for mutation of name of the Purchaser in respect
of the said flat as mentioned in the SCHEDULE “B” below and hereinafter referred to as ‘THE
SAID UNIT’ inclusive of all easement and common right to be purchased by the Purchaser
and the other Purchasers.

DEVELOPER’S RIGHTS AND OBLIGATIONS

1. That the developer have taken possession of the “A” schedule property and already started
construction of the proposed building thereon according to the plan which sanctioned by the
Serampore Municipality and now it has been almost completed.
2. The developer including the owners in respect of the flat mentioned in the schedule ‘B’
below including passages stairs, structure, drains, sewerage, safety tank, water tank, water line,
roof etc. the particulars of the such common areas and common facilities with civic amenities are
clearly mentioned in the different schedule hereunder with all common facilities and
proportionate cost of common areas and facilities and the cost of the proportionate undivided
share in the land as provided herein shall execute and register the conveyance in favour of the
Purchasers on receipt of the consideration money in full.
3. That the Developer or the Owner shall bear all taxes and outgoing in the respect of the said
property till the date of execution and registration of the Deed of Conveyance and/or delivery of
possession in favour of the purchaser, whichever is earlier.

PURCHASER’S RIGHT AND OBLIGATION

1. The Purchasers have prior to the execution of this agreement satisfied themselves of the
Owner’s prima facie rights, Titles and interest and the terms, conditions and obligations contained
herein, subject to the condition that the Purchaser(s) shall be entitled, if necessary, for further
investigation of the title of the owners make requisition on title as may be necessary by the
Purchaser’s Advocate for answer by the Owners to the satisfaction of the Purchaser’s Advocate.
2. Any delay or indulgence by the owner in enforcing the terms of this agreement or any
forbearance or giving time to the purchaser shall not be construed as a waiver on the part of the
owners of any breach or non compliance of any of the terms and conditions of this agreement by
the purchasers nor shall the same in any manner prejudice the right of the Owner and the
Developer.
3. The Owner through the Developer constructing the said building on the said premises in
accordance with the plans which were sanctioned by the Serampore Municipality, such plans,
designs and specifications will be kept by the Developer and the Purchaser may inspect the plans,
designs and specifications and hereby also agreed that the Owners may make such variations,
modifications, additions and alterations therewith prior permission of the Serampore
Municipality.

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4. The Purchasers hereby covenants with the Developer that the Purchaser shall duly and
punctually pay the said amount strictly as specified in the schedule hereunder written and the time
specified on this behalf shall be the essence of the contract. If any one or more of the said amount
remain unpaid by the purchaser for 3 days from the date specified for payments thereof, then the
purchaser shall in respect of such and every default be liable to pay compensation for delay for
per annum sum calculated at the rate of 18% percent of the default amount together with the unpaid
amount which shall be paid by the Purchaser(s) without raising any dispute or objection hereto.
5. And also finally if the purchaser(s) failed and neglected to pay the due amount within
stipulated period as specified in the payment schedule then the agreement for sale will be liable to
cancel and the total payable amount paid by purchaser will be refunded by owner and developer
by deduction of necessary fees and charges @ 20% of advance money.
6. So long of the respective flat shall not be separately assessed for Municipal taxes or like
taxes under any law, proportionate share of such taxes assessed on the said building, such
proportionate shall be made by the Owners and the same shall be conclusive final and binding on
the Purchaser.
7. Save and except in respect of the said flat hereby agreed to be acquired by the Purchaser
shall be entitled to use the common service area in common with other co-flat owners. After
execution of this presents the developer must not and should not change the flat in any manner or
to anybody whatsoever.
8. If the Owner and the Developer fails and/or neglects to complete the sale within the
stipulated period from execution hereof or otherwise to carry out anyone or more of the obligations
on their part as hereunder provided or otherwise required by law, the Purchaser will be liberty to
enforce Specific Performance of contract by institution of legal proceedings or, at their option, or
sue against the Owner and the Developer for recovery of the earnest money tendered to the owner
and Developer till such time by the purchaser with 18% interest per annum for the period of delay
in executing commitment as per payment schedule and other relief’s.
9. The Purchaser upon delivery of possession will be entitled to the use and occupation of the
said flat without any hindrances but subject to the stipulations and restrictions contained herein
provide nevertheless that nothing contained in these presents shall be construed to confer upon the
Purchaser any right, title or interest of any such kind whatsoever into or over the said flat and such
conferment to take place subject to the conditions contained and only upon the execution of the
necessary registered documents in favour of the purchaser at its costs and payment by the
purchaser of all the consideration amounts is payable to the Developer under these presents.

GENERAL
1. THAT the owner and/or the developer/confirming party have good, valid and marketable
title and absolute authority to grant, transfer and sell the “B” Schedule flat together with
undivided proportionate share of land underneath of “A” Schedule building and the property
including the said flat is free from all encumbrances, mortgages, charges, liens, lispendences and
attachments.
2. Under no circumstances, possession of the flat shall be given by the Developer to the
Purchaser until and unless all payments required to be made under this Agreement by the
Purchaser shall have been paid in full to the Developer unless otherwise agreed by the Owners

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 in writing by way of specific agreement to that effect and if the Purchaser have observed and
performed the terms and conditions of this Agreement.
3. Price once settled will be final and binding upon both the Developer and the Purchaser and
there will be no escalation of prices under any circumstances whatsoever.
4. Save and except the flat, the Purchaser shall have no claim or right in any nature or kind
over in respect of all open spaces, staircase and other portion of the building except the right of
use of the same in common with the other flat owners.
5. Upon possession of the flat being given to the purchaser they shall have no claim against
the Owners as well as Developer as to the time taken for completion of work, quality of work
done and materials used for the installations etc. in the said flat or other
portion on any ground whatsoever. If after possession of the said flat is handed over to the
Purchaser any additions or alterations in or about or relating to the said building or flat are
required to be carried out by the Purchasers of the said flat and portion of the said building shall
do so at their own costs and the Developer shall not in any manner be responsible for the same
and all such additions and alterations shall be carried over after obtaining the plans sanctioned
by the Serampore Municipality and/or other concerned authorities.
6. The developer covenant with the Purchaser that on the Purchaser’s paying the entire
consideration and performing the terms of this Agreement and stipulation herein contained the
Purchaser shall peacefully HOLD AND ENJOY the said flat without interruptions by the Owners
and Developer.
7. The conveyance would be prepared and registered by the Developer’s advocate and all
stamp duty, registration fees and other incidental expenses and/or relation to conveyance of the
said flat shall be borne and paid by the Purchaser.
8. The owner shall indemnify the purchaser from all losses and/or damage that might be
suffered by the purchaser for not fulfilling the obligation of the Owner as stipulated in the
agreement and similarly the purchaser shall also indemnify the Owner from all losses, claims
and/or damages that may be suffered by the Owner for not fulfilling any of the obligation of the
Purchaser as contained in this Agreement.
9. Courts of Serampore only shall have jurisdiction over all matters and disputes therein.
10. All letters, receipts, and/contemplated by this agreement shall be deemed to have been duly
served if sent to the purchaser by registered or speed post at their address specified above unless
otherwise specially agreed to in writing.
11. That the Developer shall arrange separate electric meter for Purchaser’s flat, at the cost of
the Purchaser’s own expenses after purchase of the same and the owners or the Developers shall
not raise any objection for the same.

“A” SCHEDULE PROPERTY ABOVE REFERRED TO:-

ALL THAT piece and parcel of BASTU land measuring more or less 03 (Three) Cottah 00 (Zero)
Chittack 00 (Zero) Sft, equivalent to 5 Satak, together with building standing thereon. Lying and
situated in the-District of Hooghly, A.D.S.R. & P.S. Serampore, Mouza- Serampore, J.L.No.13,
comprised in R.S. Dag No.358, under R.S.Khatian No. 4181, corresponding with L.R. plot No.
618, under L.R. Khatian No. 29928 & 29929, within the ambit of Serampore Municipality being
Municipal Holding No. 85/16, G.T. Road (West), Ward No.4, Serampore, Hooghly. The building
is Known as “KAMALA APARTMENT”
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The annual rent of “the said property” is payable to the B.L. & L.R.O., Serampore-Uttarpara
Block.

THE “A” SCHEDULE PROPERTY IS BUTTED AND BOUNDED BY:

ON THE NORTH : Plot No.1708, property of Prosad Chatterjee and plot No.1726, Property
of Arun Dutta.
ON THE SOUTH : Plot No.1729, property of S.N.Roy.
ON THE EAST : 12’ wide S.C.M. Road.(Municipal Road)
ON THE WEST : Plot No.1725, property of Ranjit Mondal.

“B” SCHEDULE FLAT ABOVE REFERRED TO:-

WITHIN “A” Schedule building one complete being Flat No 401, on the Fourth Floor measuring
and super-built-up area about 700 sft. a little more or less consist with two bedrooms, kitchen,
toilet, W.C and drawing cum dining with Tile Floor together with undivided, proportionate,
impartible share of land underneath of “A” Schedule building including right of all common user
and facilities annexed with the “A” Schedule building.

SCHEDULE “C” AS REFERRED TO ABOVE

(COMMON FACILITIES AND AMENITIES)
1. The entire land or space lying vacant within the said flat premises excluding the Darwan’s
booth along with a toilet in the ground floor.
2. The spaces within the building comprises of the entrance, boundary walls, main entrance.
3. The foundation column, Beams, supports, main walls of the building and staircase and
landing on all floors.
4. The installation for common service such as the drainage systems in the premises, water
supply arrangements in the premises including water supply from the Serampore Municipality.
5. Reservoir on the roof of the top floor of the building pump, motor, pipes and all other
apparatus and installations in the premises for common use, septic tanks, p[its drainage and
sewerage lines thereto connected.
All the Flat Owners shall be entitled to use roof and Lift of the building at all times.
6. Electric wiring and electric installations and fittings in common places including those as
are installed for any particular unit.
7. Water pump, water tank, water pipes and other common plumbing installation for the said
building.

SCHEDULE “E” AS REFERRED TO ABOVE

(SPECIFICATION OF THE CONSTRUCTION)
1. R.C.C. Work Re-enforcement:- for column, beams, slab, etc. as per drawing concrete with
stone chips gravels, medium course of sand and cement (standered).
2. Plaster work :- any wall plaster (inside or outside) and any ceiling plaster would be with
cement/sand, internal walls will be finished with plaster or pairs.

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3. Floor work :- Marble flooring with 4” skirting dado, cooking platform made by the black
stone and the adjacent wall upto 2’-6” tiles to be fixed.
4. Door :- Sal wood door frame according to the door size. Main door 1.5” and inside door
1” thick of wood panel commercial flush type door finished with necessary fitting.
5. Window :- M.S. Grill window with glass fitting.
6. Stair Case :- Net Cemented.
7. Water supply :- Main source of water would be stored in overhead reservoir by an 1.5 H.P.
Electric Pump (standard). Water should be supplied to each flat from the overhead tank. Main
water line, from road through underground to overhead reservoir through pump by 1” pipe of
standard make, all connection between, overhead reservoir to each flat ½” pipe of standard make
upon system.
8. Sanitary and plumbing :- Septic tank would be as per C.C. specification, if would be
connected with the main sewerage of the Serampore Municipality (underground). All soil pipe
would be of C.I. properly fixed with the wall and connected with the septic tank.
9. Bathroom :- English type comode with cistern. All porcelain material would be of standard
make and three nos. of Bib cock and one shower connected would be provided, toilet wall upto
5’-0” glazed tiles, W.C. wall unto 5’-0” glazed tiles and PVC doors of standard height and width.
10. Common points :- Common point for main gate, passage, surrounding the building, pump
room, guard room, stair gate landing room, terrace (standard copper wire with fittings).
11. All electrical fittings inside the Flat shall be provide in conceal warring with standard
copper wire. Switch Board and other fittings material including electric equipments should be
borne by the purchaser.
12. Bed room :- Light points, fan points, power points at board, as per requirement.
13. Drawing/Dining :- Light points, fan points, (3 nos. 5a and 1 no. 15A) power points for
Television and fridge.
14. Bath room :- Light Point, power point at board exhaust fan point.
15. Kitchen :- Light Point, 2 Power Point (15 amp. 5 amp.) at board, exhaust fan point.
16. Balcony :- Light Point, Fan Point e.t.c as per requirement.
17. Entrance of the flat :- One door bell point.
18. Painting :- Exterior portion of the building would be finished with weather coat cement
paint.
19. Lift.

IN WITNESSES WHEREOF the parties hereto have hereunto set and subscribed their respective
hands and seals on the day, month and year first above written.

Signed, sealed and delivered

In presence of the following

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_______________________
SRI PARTHA PRATIM DE

________________
SRI GOUTAM DE

___________________
Signature of the Owner

_____________________________________
Signature of the developer/ Confirming party

WITNESSES:

(1)

(2)

Drafted by me
Adv. Roustavi Mukherjee, LL.M
E.N.- F/2193/2011 of WB.”

6. Analyze the doctrine of marshalling in the case of a subsequent purchaser and subsequent
mortgagee with appropriate illustrations, statutory and judicial references. 10 Marks

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