“DRAFTING, PLEADING AND CONVEYENCING”

SUBMITTED BY: Aafreen Randhawa

BATCH: 2017-2022

SEM: IX

ENROLL No: 20170401058

SUBMITTED TO: ABHIJIT ANAND

(ASSISTANT PROFESSOR)
 INDEX

CONVEYANCE DEEDS

SR. No. TITLE Pg. No.

1 DEED OF ASSIGMENT OF LIFE INSURANCE 3

2 DEED OF USUFRUCTURY MORTGAGE 6

3 CONDITIONAL GIFT DEED 8

4 DEED OF ADOPTION 11

5 SPECIAL POWER OF ATTORNEY 13

6 SALE DEED 15

7 RESIDENTIAL LEESE AGREEMENT 18

8 DEED OF SIMPLE MORTGAGE 21

9 UNCONDITIONAL GIDT DEED 24

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 CIVIL AND CRIMINAL PLEADINGS

SR. No. TITLE PG No.

1 SUIT FOR EVICTION 26

2 AFFIDAVIT 29

3 HABEAS CORPUS WRIT PETITION 30

4 MAINTENANCE APPLICATION U/S 125 CrPC 35

5 PETITION FOR DISSOLUTION OF MARRIAGE 38

6 INTERLOCUTORY APPLICATION 40

7 SUIT FOR PERMANENT INJUNTION 42

8 WRITTEN STATEMENT 46

9 MUTUAL CONSENT DIVORCE PETITON 49

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 CONVEYANCE DEEDS

[1] Dinanath Chauhan effects a policy in his own life with an Insurance Company, and
assigned it to a bank for securing the payment of an existing or future debt.
Provided that if Dinanath dies, the Bank is entitled to receive the amount of the
policy and sue on it without the concurrence of Dinanath’s executor. Prepare a
legal instrument based on the above facts.

Deed of Assignment of Policy of Life Assurance

This Assignment of Life Assurance is dated 13/11/2021.

BETWEEN

Dinanath Chauhan,
son of Vijay Chauhan,
resident of 36, Krishna Society,
Near Lal Darwaja Ahmedabad, Gujarat.
(hereinafter known as “the assignor”).

AND
State Bank of India,
Lal darwaja branch,
Ahmedabad,
Gujarat.

(hereinafter known as “the assignee”).

WHEREAS the assignor agrees:

1. A policy of assurance being No 123456789 for Rs 10,00,000 (Ten Lac Rupees)

was issued by the Life Insurance Corporation of India on the life of the assignor
on the 13/11/2020 to be paid to the assignor or to his executors, administrators or
assigns after his death, subject to the annual premium of Rs 50,000.

2. The Policy is a good, valid and subsisting insurance contract that has been fully
paid up and in force and has not been forfeited, assigned (other than to the Bank),
hypothecated (other than to the Bank), terminated or otherwise disposed of or
rendered void or voidable, and the Owner has a good right and full power to
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 assign the Policy. No assignment of the Policy or other disposal thereof in any
way prejudicial to or inconsistent with this Assignment has been made as of the
date hereof or will be made subsequent to the date hereof. The Owner shall not
change the insurance plan of the Policy during the term of this Assignment and
any certification of insurance shall state that the Policy shall not be cancelled or
altered without at least ten days prior written notice to the Bank.

3. The Owner will do or cause to be done at the expense of the Owner, all such acts
and things which may be necessary for keeping the Policy in full force and effect
and for assigning the Policy to and in favour of the Bank, and will from time to
time execute all such further instruments and documents as may be required by
the Bank in furtherance of this Assignment. The Owner will provide to the Bank
forthwith upon receipt copies of any notices of termination or cancellation of the
Policy and any notices threatening termination or cancellation.

4. The Policy shall be held by the Bank as a general and continuing collateral
security for the payment of the present and future indebtedness and liability,
direct or indirect, of the Owner, to the Bank, and any ultimate unpaid balance
thereof. This Assignment shall remain in full force and effect until all the
obligations of the Owner to the Bank hereunder shall have been satisfied in full
together with interest and costs. This Assignment is given in addition to and not
in substitution for any other assignment or security heretofore given to and still
held by the Bank, and is taken by the Bank as additional security for the
fulfilment of the obligations of the Owner to the Bank and shall not operate as a
merger of any simple contract debt or suspend the fulfilment of, or prejudice or
affect rights, remedies or powers of the Bank in respect of the obligations or any
security held by the Bank for the fulfilment thereof.

5. The Owner indemnifies and agrees to save and hold harmless the Bank and its
officers, directors, employees and agents and all of their heirs, executors,
administrators, successors and assigns from and against any and all claims,
penalties, demands, actions, causes of action, losses, suits, damages and costs
whatsoever arising directly or indirectly from the Policy other than arising from
its own gross negligence or willful misconduct.

6. The said Dinanath Chauhan has agreed to transfer and assign to the said SBI Lal
Darwaja branch the said policy of assurance of a sum of Rs. 10,00,000 (Ten lac
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 rupees). This deed witnesses that in consideration of the sum of Rs 50,000 (Fifty
Thousand Rupees) the receipt whereof the said Dinanath Chauhan hereby
acknowledges, himself as beneficial owner, hereby transfers and assigns unto and
to the use and for the benefit of SBI, Lal Darwaja Branch, Ahmedabad, Gujarat
the hereinbefore recited policy of assurance, and the sum of Rs 10,00,000
(Rupees Ten Lac) hereby assured and all the other moneys, benefits and
advantages to be had, recovered or obtained under or by virtue of the said policy.

7. To hold the same unto and to the use of the said SBI, Lal Darwaja Branch,
Ahmedabad, Gujarat absolutely, subject to the conditions as to payment of future
premiums and otherwise to be henceforth observed in receipt of the said policy.

8. And the said Dinanath Chauhan hereby covenants with the said SBI, Lal Darwaja
Branch, Ahmedabad, Gujarat that he, the said Dinanath Chauhan, shall not do, or
knowingly suffer anything to be done, whereby the said policy may be rendered
void or voidable or the said SBI, Lal Darwaja Branch, Ahmedabad, Gujarat or
may be prevented from receiving the said sum of Rs 10,00,000 (Rupees Ten
Lakh) or any benefit thereunder.

9. All the rights of the Bank hereunder shall enure to the benefit of its successors
and assigns and all obligations of the Owner hereto shall be binding upon the
Owner’s heirs, executors, administrators, legal representatives, successors and
assigns.

10. In witness whereof the assignor and the assignee do here to affix their respective
signatures on the day, month and the year stated above.

ASSIGNOR: DINANATH CHAUHAN ASSIGNOR’S

WITNESS:

ASSIGNEE: STATE BANK OF INDIA ASSIGNEE’S

WITNESS:

***

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[2] Ahtasham borrows Rs. 10 Lakhs from Haider, a money lender on November 02nd,
2019. The parties were agreed to execute a Usufructuary mortgage for the amount,
redeemable in the month of November 2022 or thereafter. Draft a mortgage deed.

DEED OF USUFRUCTURY MORTGAGE

THIS MORTGAGE, made on day of 2nd November 2019,

BETWEEN

Ahtasham Sharma, son of Rahul Sharma, resident of 1, Saraswati Chandra Society,

Maninagar, Ahmedabad Gujarat, hereinafter called the MORTGAGOR, which expression
shall mean and include his heirs, legal representatives, executors, administrators and assigns
of the First Part.

AND

Haider Ali, Son of Babar Ali, resident of Lal Darwaja, Ahmedabad, Gujarat, hereinafter
called the MORTGAGEE, which expression shall mean and include its successors.

WHEREAS in consideration of the aforesaid amount of Rs. 10,00,000/- borrowed by the

Mortgagor from the Mortgagee, the Mortgagor has agreed to execute this Mortgage deed of
the vacant plot of land in favour of the Mortgagee.

NOW THIS DEED, THEREFORE WITNESSES AS UNDER:

1. That on consideration of the sum of Rs. 10,00,000 now paid to the Mortgagor by the
Mortgagee (the receipt whereof the Mortgagor does hereby acknowledge), the said
Ahtasham Sharma hereby conveys to the said Haider Ali the right over the property
from this day of 02/11/2019.

2. The Mortgagee shall be in possession of the mortgaged property under the terms of
the deed for securing payment on the Rs.10,00,000 on day of 2/11/2019, of the
principal sum secured, with the interest thereon at 12% per cent per annum, which
mortgage money will be set off against the usufruct of the mortgaged property, and
the Mortgagee does hereby promise to keep clear accounts thereof.
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3. The Mortgagor has agreed to pay back the said loan amount along with the interest
and any additional cost mentioned if any, on or before 1st of November 2022.

4. The Mortgagor hereby agrees that the Mortgagee shall retain possession of the
mortgaged property until the principal sum together with the interest due be paid off
out of the proceeds of the property and on payment of the aforesaid sum, the
Mortgagee shall execute and register a release of the mortgaged property in favour of
the Mortgagor,

5. The Mortgagee also shall not to, execute, perform nor suffer to the contrary any act
deed or thing whereby or by reason or means whereof the value of the said property
in his possession may be diminished or the same may otherwise be prejudiced in title
or estate.

6. The Mortgagor does also agree to pay the Government revenue and the municipal tax
of the said property regularly and in case he fails to make such payment, the
Mortgagee shall be at liberty to pay such revenue and taxes, and such sum paid shall
be considered an additional principal sum advanced to the Mortgagor, and shall carry
interest at the rate stipulated above.

7. And lastly, the Mortgagor also agrees that if he, the Mortgagor, does not pay the
principal sum with the interest then due on the stipulated date, this conveyance will
become absolute and the Mortgagee will be entitled to foreclose the mortgaged
property, and thereafter the Mortgagor, his heirs, executors, administrators or assigns
shall be absolutely debarred of all the rights to redeem the same.

IN WITNESS WHEREOF the parties herein under have set their hands on the date and
year hereinabove mentioned in the presence of:

MORTGAGOR: AHTASAM SHARMA

MORTAGAGEE: HAIDER ALI

WITNESSES: SHIV NARAYAN

***

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[3] Draft a gift deed of a land in favour of a trust for building a hospital with the
condition that the trust shall provide free services to poor and needy patients, and
subject to the revocation of gift in case of violation of this condition.

GIFT DEED

THIS GIFT DEED is made and executed on 13th November 2021 Ahmedabad

BETWEEN

Mr. Yash Patel, aged about adult, residing at 36, Laxmikrupa Society,Odhav, Ahmedabad,
Gujarat, holding Aadhar Card no: xyz ( hereinafter called "Donor-Party of the First Part).

AND

Amba Charitable Trust, situated at Adalaj, Gandhinagar, Gujarat, (hereinafter called the
Donee) of the other part.

The expressions of the Donor and the Donee shall mean and include their respective heirs,
successors, executors, nominees, assignees, administrators and legal representatives etc.

WHEREAS:

1. The expressions of the Donor and the Donee shall mean and include their respective
heirs, successors, executors, nominees, assignees, administrators and legal
representatives etc.

2. The Donor is the owner and in possession of the property having been
purchased/acquired vide registered sale deed as document No. 8787 Addl. Book-I,
Vol. No 1 on date 11/11/ 2020 duly regd. in the office of SR Ahmedabad.

(This recital should be about how the vendors have acquired the title of the property.)

3. The above Property more particularly described in schedule herein below, is free
from all sorts of encumbrances such as liens, charges, claim, liabilities, acquisitions,
injunctions or attachments from any Court of Law, gifts, mortgages, demands,
notices, notifications, legal disputes, difference, prior sale and flaws etc. etc. and the
Donor is fully entitled to dispose of the same.

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 4. Donor is making this gift out of humanity, kindness and to give back something to
the society.

5. The Donor has agreed to Gift, without any monetary consideration the property
described unto the Donee and the Donee has also agreed to accept the same.

THE GIFT DEED WITNESSES AS UNDER:

1. That the DONOR does hereby donate/gift the property, land admeasuring 9878
square meters with plat No. 123 to the DONEE.

2. The possession of the aforesaid PROPERTY UNDER DONATION/GIFT has been

handed-over/ delivered to the DONEE by the DONOR.

3. That the DONEE has now become the absolute and exclusive Owner with all rights
in the aforesaid PROPERTY UNDER DONATION/GIFT from today and shall also
enjoy all rights of Ownership etc. therein. The DONOR has now been left with no
right, title, interests or liens etc. whatsoever of any sort in the aforesaid PROPERTY
UNDER DONATION/GIFT henceforth after the execution/ registration of this GIFT
DEED. The property in question is free from acquisition neither by the Govt. nor by
any other authority.

4. That the DONEE has accepted the G of the said PROPERTY UNDER DONATION /
GIFT DEED and has also taken-over the possession of the same from the DONOR.

5. That all the Title Deeds/papers including previous title deed (in originals) relating to
the Gifted PROPERTY, herein below mentioned UNDER DONATION/GIFT have
been handed over/delivered to the DONEE by the DONOR.

6. The Donor is providing this land as a gift to the Donee specifically for constructing a
charitable hospital on it which will provide all medical services free of cost to all the
needy and indigent people who visits the doors of the hospital.

7. The rights and benefits which are conferred to the Donee by means of this Gift Deed
will stand revoked if the above mentioned condition is violated or not adhered to
after construction of Hospital.

SCHEDULE

Survey Nos: 123, Inscription/Description Nos:345 along with Matriz Nos:789.

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East:
West:
North:
South:

DONOR: YASH PATEL

DONEE: AMBA CHARITABLE TRUST

WITNESSES: VARUN MODASIA

***

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[4] Draft a deed of Adoption on behalf of a Hindu Woman adopting a child.

DEED OF ADOPTION

This DEED OF ADOPTION is made on 13th September 2020 at Ahmedabad.

BETWEEN

Smt. Kantaben Maheshbhai Baraiya

Aged about 31 years,
Occupation – Private Practitioner
Hindu by Religion,
Having address at
36, Krishna Society,
Near Lal darwaja
Ahmedabad, Gujarat. (Adoptive
Mother)

AND

Smt. Kamini Dilip Shah

Aged about 33 years,
Occupation – Service,
Hindu by Religion,
Having address at
1, Saraswati Chandra Society, Maninagar,
Ahmedabad, Gujarat. (Natural
Mother)

WHEREAS

1. The adoptive mother i.e. Kantaben Baraiya has no issue, male or female, and having
regard to her circumstances, she has no expectation of having any issue.

2. The adoptive mother and her husband want to adopt a child as their son/daughter.

3. The natural mother i.e. Kaminiben Shah has three children, all sons.

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4. The adoptive mother, with the consent of her husband, has approached the natural mother
for giving in adoption one of her sons named Pratik aged 7 years.

5. The natural mother has, with the consent of her husband, consented to her said son being
given in adoption.

6. The ceremony of giving and taking in adoption has been duly performed along with other
religious ceremonies customary with the parties on the day of 13th September 2020.

7. The parties considered it expedient and necessary that a proper deed of adoption be
executed as an authentic record of adoption.

NOW THIS DEED WITNESSESETH AS FOLLOWS:

1. Declaration of Adoption: The parties hereto do hereby declare that the adoptive mother
has duly adopted the said child as her son from the day of 13 th September 2020 i.e. the day
on which ceremony of giving and taking in adoption has been duly performed along with
other religious ceremonies customary with the parties.

2. Legal rights and liabilities of adopted son: The said son has been transferred to the family
of adoptive mother and shall have, from the date of adoption, all the legal rights and
liabilities of an adopted son.

3. Maintenance, etc. of adopted son: The adoptive mother shall be liable for the
maintenance, education and other expenses of the adopted son and shall bear all such
expenses in accordance with his status.

IN WITNESS WHERE OF, the parties hereunto have signed this deed on 13 th November
2020.

ADOPTIVE MOTHER: KANTABEN BARAIYA

NATURAL MOTHER: KAMINIBEN SHAH

***

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[5] Write a Special Power of Attorney between Mr. Pradumn Sharma and Ms. Rekha
Mishra stating therein the works assigned to the attorney and the duration of such
authority.

SPECIAL POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME, I Pradumn Sharma, adult, Hindu
by Religion, Occupation Service, residing at 202, Bageshree Apartment, 176, Vidhyanagar,
Indore (M.P.) send greetings: -

Whereas I have been personally unable to attend and present in any case filed against me for
my Immovable Property/ies in any Village, City, State of India and the Immovable Property
more particularly described hereinunder, before the Hon. City Civil Court, Small Causes
Court, Board of Nominees Court, Gujarat state Co.op. Tribunal, Debt Recovery Tribunal,
Gujarat High Court or Hon. Supreme Court of India or any of the Court in India and
therefore I am desirous of appointing some fit and proper person to represent me before any
of the concerned Courts/Tribunal etc. and generally and particularly to do all other acts and
deeds.

Description of Property: - Flat No.2, First Floor (Ground Floor as per Plan) of Jaldhara
Apartment Owners Association (Otherwise known as "Jaldhara Apartment", admeasuring
about 110 Sq.Yds. i.e. 91.47 Sq.Mtrs.(Super Built up area) lying and situated at Revenue
Survey No.7, T.P.S.No.6, Final Plot No.2, Sub Plot No.2/A of Mouje Paldi, Taluka
Ahmedabad(West), District Ahmedabad, Sub-District Ahmedabad. (Paldi) (Municipal
Tenament No.0504-01-2091-0001-M. of Ward No.0504-P.T. College, and Torrent Power
Service No. 3344502);

NOW, I hereby constitute, nominate and appoint Ms. Rekha Mishra Adult, Hindu by
Religion, Occupation Retired, residing at 1, Jaldhara Apartment, Vishvakunj Cross Road,
Narayannagar Road, Paldi, Ahmedabad.380007 to be my true and lawful attorney in my
name and on my behalf to do all or any of the following acts, and deeds and things and I
hereby make it clear and specific that any of the things, deeds or acts that may be done or
performed by the said Attorney, shall be binding to me, as if, the same are done by me
personally.

NOW THIS SPECIAL POWER OF ATTORNEY WITNESSESTH AS UNDER: -

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1. To commence, initiate, continue and prosecute and proceed with any existing or fresh
any action, suits, or any of the Case or other proceedings filed against me in respect
of any of the matters and to appear, defend any action, suits or other proceedings
pending and commenced or to be commenced against me or whereunto I shall be a
party and also if my said Attorney shall think fit to compromise, compound, settle,
adjust and admit, submit to judgment discontinue in respect of the any case filed
against me in any Court of Law in India.

2. To engage an Advocate, to sign Vakalatnama, to file reply, written statement,

application before any competent Court.

3. To appear in Court, Civil Court, Criminal Court, High Court, Supreme Court and
Government Department, and to file reply and for a receiving order or orders against
any person or persons or firm, etc.

4. That I agree and hereby declare that whatever is done by our said Attorney by virtue
of this Power of Attorney shall be at all-time absolutely and irrevocable binding to
me, as if, everything is done personally by me.

5. I declare that my said Attorney shall be entitled to execute and exercise all or any of
the aforesaid powers and authorities.

Dated this 14th day of October, 2020.

EXECUTANT: MR. PRADUMN SHARMA

HOLDER: MS. REKHA MISHRA

***

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[6] Prepare a model form of sale deed by identifying seller, purchaser and the property
transferred.

SALE DEED

This DEED OF ABSOLUTE SALE is made and executed on this 14th day of October 2021.

BETWEEN

Sri Ramesh Chauhan, son of Mahesh Chauhan, aged about 33 years by Nationality Indian,
residing at Vrundavan Colony, Navrangpura, Ahmedabad, Gujarat hereinafter called the
"SELLER" (which expression shall mean and include his legal heirs, successors, successors-
in-interest, executors, administrators, legal representatives and assigns) of the ONE PART.

AND

Sri Manthan Kapoor, son of Suresh Kapoor, aged about 24 years, an Indian National,
residing at Mathura Colony, Naranpura, Ahmedabad, Gujarat hereinafter called the
"PURCHASER" (which expression shall mean and include his legal heirs, successors,
successors-in-interest, executors, administrators, legal representatives and assigns) of the
OTHER PART.

The SELLER and the PURCHASER are hereinafter referred collectively as parties and
individually as party.

WHEREAS the SELLER is the absolute owner, in possession and enjoyment of the piece
and parcel of land measuring about 3456 decimals, lying and situated in R.S. Plot Number
23, corresponding L.R. Plot Number 32, Recorded in R.S. Khatian Number 45 and L.R.
Khatian under Police Station Navrangpura, Registration Sub-District Ahmedabad, in the
district of Ahmedabad, more fully and particularly described in the schedule here under
written and hereafter referred to as the "SCHEDULE PROPERTY”.

AND WHEREAS the Seller after purchasing the said plot, got the building plan sanctioned
from the Municipal Corporation of Delhi vide their letter/file No. 400/B/85 dated
13.12.2000. Then the Vendor caused construction thereon of residential building on different
floor levels.

AND WHEREAS the Seller has agreed to sell and the Purchaser has agreed to purchase part
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of Basement (1000 Sq. ft. approx), one front Two Room of the First Floor (with attached
bath room and small balcony) of the said building on ‘as is where is’ basis for a total
consideration of Rs. 15,50,000/- (Rupees fifteen lacs and fifty thousand only) on the terms
and conditions set forth hereinafter.

ANDWHEREAS the SELLER being in need of funds to meet his personal commitments and
family expenses have decided to sell the SCHEDULE PROPERTY and the PURCHASER
has agreed to purchase the same.

NOW THIS DEED OF SALE WITNESSETH:

1. THAT in pursuance of the aforesaid agreement and in consideration of a sum of

Rs.15,00,000 (Rupees fifteen lacs fifty thousand) only received by the SELLER in
cash/cheque/backdraft and upon receipt of the said entire consideration only (the
SELLER doth hereby admit, acknowledge, acquit, release and discharge the
PURCHASER from making further payment thereof) the SELLER do hereby sells,
conveys, transfers, and assigns unto and to the use of the PURCHASER the SCHEDULE
PROPERTY together with the water ways, easements, advantages and appurtenances,
and all estate, rights, title and interest of the SELLER to and upon the SCHEDULE
PROPERTY TO HAVE AND TO HOLD the SCHEDULE PROPERTY hereby
conveyed unto the PURCHASER absolutely and forever.

2. THAT THE SELLER DO HEREBY COVENANT WITH THE PURCHASER AS

FOLLOWS:

i. That the SCHEDULE PROPERTY shall be quietly and peacefully entered into and
held and enjoyed by the PURCHASER without any interference, interruption, or
disturbance from the SELLER or any person claiming through or under him.

ii. That the SELLER have absolute right, title and full power to sell, convey and transfer
unto the PURCHASER by way of absolute sale and that the SELLER have not done
anything or knowingly suffered anything whereby their right and power to sell and
convey the SCHEDULE PROPERTY to the PURCHASER is diminished.

iii. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind
whatsoever and should thereby and the SELLER shall discharge the same from and
out of his own fund and keep the PURCHASER indemnified.

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 iv. That the SELLER hereby declares with the PURCHASER that the SELLER have
paid all the taxes, rates and other outgoings due to local bodies, revenue, urban and
other authorities in respect of the SCHEDULE PROPERTY up to the date of
execution of this sale deed and the PURCHASER shall bear and pay the same
hereafter. If any arrears are found due for the earlier period, the same shall be
discharged/borne by the SELLER.

v. That the SELLER have handed over the vacant possession of the SCHEDULE
PROPERTY to the PURCHASER on 01/11/2021and delivered the connected
original title document in respect of the SCHEDULE PROPERTY hereby conveyed
on the date of execution of these presents.

vi. That the SELLER will at all times and at the cost of the PURCHASER execute,
register or cause to be done, all such acts and deeds for perfecting the title to the
PURCHASER in the property hereby sold and conveyed herein.

vii. That the SELLER do hereby covenants and assures that the PURCHASER is entitled
to have mutation of his name in all public records, local body and also obtain all
documents in the name of the PURCHASER and undertakes to execute any deed in
this respect.

SCHEDULE OF PROPERTY

All that piece and parcel of land measuring about 3456 decimals, lying and situated in R.S.
Plot Number 23, corresponding L.R. Plot Number 32, Recorded in R.S. Khatian Number 45
and L.R. Khatian under Police Station Navrangpura, Registration Sub-District Ahmedabad,
in the district of Ahmedabad, butted and bounded by:

On the North: On the South: On the East: On the West:

IN WITNESS WHEREOF the SELLER and the PURCHASER have set their signatures on
the day month and year first above written.

SELLER: RAMESH CHAUHAN

PURCHASER: MANTHAN KAPOOR

WITNESSES: VARUN SOOD

***

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[7] Chinnappa, lets his house for ₹10000 per month rent payable by Samantha. For
this purpose, prepare a lease agreement between the Landlord and Tenant adding
certain terms and condition of the Lease.

RESIDENTIAL RENTAL/LEESE AGREEMENT

This agreement made on this 10th of November 2021,

BETWEEN

Chinnappa Swamy residing at Lal Darwaja Colony, Ahmedabad, Gujarat hereinafter referred
to as the `LESSOR` of the One Part

AND

Samantha Akinneni residing at Musri Seri Colony, Navrangnagar, Ahmedabad, hereinafter

referred to as the `LESSEE` of the Other Part;

WHEREAS the LESSOR is the Banakhat Holder and in possession of premises located at
House No. 1 of “Dev Aurum”, which is known as Dev Aurum Residential, lying and situated
on the N.A. Land of Survey No. 1274, T.P.S. No.3 (Vejalpur), Final Plot No. 198 of Mouje
Vejalpur, Taluka Vejalpur, in the Registration District Ahmedabad, Sub-District
Ahmedabad-10 (Vejalpur), including the right of ingress and egress and other residual rights,
admeasuring about 500.58 Sq.Mtrs. of built up area in the said property, hereinafter referred
as “the said Premises”

AND WHEREAS at the request of the Lessee, the Lessor has agreed to let the said premises
to the tenant for a term of Eleven Months commencing from 15/11/2021 in the manner
hereinafter appearing.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND

BETWEEN THE PARTIES AS UNDER:

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1. That the Lessor hereby grant to the Lessee, the right to enter into and use and remain
in the said premises along with the existing fixtures and fittings listed in Annexure 1
to this Agreement and that the Lessee shall be entitled to peacefully possess, and
enjoy possession of the said premises, and the other rights herein.

2. That the lease hereby granted shall, unless cancelled earlier under any provision of
this Agreement, remain in force for a period of Eleven Months.

3. That the Lessee will have the option to terminate this lease by giving one month`s
notice in writing to the Lessor.

4. That the Lessee shall have no right to create any sub-lease or assign or transfer in any
manner the lease or give to any one the possession of the said premises or any part
thereof.

5. That the Lessee shall use the said premises only for residential purposes.

6. That the Lessor shall, before handing over the said premises, ensure the working of
sanitary, electrical and water supply connections and other fittings pertaining to the
said premises. It is agreed that it shall be the responsibility of the Lessor for their
return in the working condition at the time of re-possession of the said premises
(reasonable wear and tear and loss or damage by fire, flood, rains, accident,
irresistible force or act of God excepted).

7. That the Lessee is not authorized to make any alteration in the construction of the
said premises. The Lessee may however install and remove his own fittings and
fixtures, provided this is done without causing any excessive damage or loss to the
said premises.

8. That the day to day repair jobs such as fuse blow out, replacement of light
bulbs/tubes, leakage of water taps, maintenance of the water pump and other minor
repairs, etc., shall be effected by the Lessee at its own cost, and any major repairs,
either structural or to the electrical or water connection, plumbing leaks, water
seepage shall be attended to by the Lessor.

9. That the Lessor or its duly authorized agent shall have the right to enter into or upon
the said premises or any part thereof at a mutually arranged convenient time for the
purpose of inspection.

Page | 19
 10. That the Lessee shall use the said premises along with its fixtures and fitting in
careful and responsible manner and shall handover the premises to the Lessor in
working condition (reasonable wear and tear and loss or damage by fire, flood, rains,
accidents, irresistible force or act of God excepted).

11. That in consideration of use of the said premises the Lessee agrees that he shall pay
to the Lessor during the period of this agreement, a monthly rent at the rate of 10,000
(TEN THOUSAND RUPEES). The amount will be paid in advance on or before the
date of 1st day of every English calendar month.

12. It is hereby agreed that if default is made by the lessee in payment of the rent for a
period of three months, then on such default, the lessor shall be entitled in addition to
or in the alternative to any other remedy that may be available to him at this
discretion, to terminate the lease and eject the lessee from the said premises; and to
take possession thereof as full and absolute owner thereof, provided that a notice in
writing shall be given by the lessor to the lessee of his intention to terminate the lease
and to take possession of the said premises. If the arrears of rent are paid or the lessee
comply with or carry out the covenants and conditions or stipulations, within fifteen
days from the service of such notice, then the lessor shall not be entitled to take
possession of the said premises.

13. That in addition to the compensation mentioned above, the Lessee shall pay the
actual electricity, shared maintenance, water bills for the period of the agreement
directly to the authorities concerned.

14. That the Lessee has paid to the Lessor a sum of 20,000 Rs. (TWENTY THOUSAND
RUPEES) as deposit, free of interest, which the Lessor does accept and
acknowledge. That the Lessor shall be responsible for the payment of all taxes and
levies pertaining to the said premises including but not limited to House Tax,
Property Tax and the Lessor shall comply with all rules, regulations and
requirements of any statutory authority, local, state and central government and
governmental departments in relation to the said premises.

IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first
hereinabove mentioned.

LESSOR: CHINNAPPA SWAMY LESSEE: SAMANTHA

AKINNENI
Page | 20
WITNESS ONE WITNESS TWO

***

[8]. Draft a deed of Simple Mortgage between Panchatantra National Bank (PNB) and
a farmer who borrows ₹2 Lakhs from the bank for his daughter wedding. The loan is
repayable within five years with the agreed interest.

DEED OF SIMPLE MORTGAGE

THIS MORTGAGE, made on day of 2nd November 2019,

BETWEEN

Maharshi Sharma (Farmer), son of Ketan Sharma, resident of H. No:1, Saraswati Chandra
Society, Maninagar, Ahmedabad Gujarat, hereinafter called the MORTGAGOR, which
expression shall mean and include his heirs, legal representatives, executors, administrators
and assigns of the First Part.

AND

Panchatantra National Bank (PNB) a banking company within the meaning of the Banking
Regulation Act, 1949 and having its registered /head office at Ahmedabad and a branch
office at Nehrunagar Area (hereinafter referred to as the ‘MORTGAGEE’ which expression
shall, unless repugnant to the context or meaning thereof, be deemed to include its
successors in interest and assigns) of the other part.

WHEREAS in consideration of the aforesaid amount of Rs. 2,00,000/- (TWO LACS

RUPEES) borrowed by the Mortgagor from the Mortgagee, the Mortgagor has agreed to
execute this Mortgage deed of the vacant plot of land in favour of the Mortgagee.

The Mortgagor has agreed to execute this Mortgage Deed for the loan amount for her
Daughter’s Marriage.

NOW THIS DEED, THEREFORE WITNESSES AS UNDER:

1. That on consideration of the sum of Rs. 2,00,000 now paid to the Mortgagor by the
Mortgagee (the receipt whereof the Mortgagor does hereby acknowledge), the said

Page | 21
 Maharshi Sharma hereby conveys to the said PNB Bank the right over the property
from this day of 02/11/2019.

2. The Mortgagor shall be lible to pay interest on the above stated principal sum of Rs.
2,00,000/- @12% per annum form the date of the loan i.e 4 th November 2019 until
payment date i.e. 4th November 2024 and in this manner the total charge of the
referred property of the Mortgagor shall be the principal sum of Rs. 2,00,000/- and
interest accruing thereupon.

3. That any interest not paid on the due dates shall be treated as principal and added to
the principal sum herby secured and bear interest at the rate and payable on the half
yearly days aforesaid.

4. In consideration of the aforesaid, the Mortgagor hereby transfer by way of simple

mortgage to the Mortgagee, a vacant residential plot bearing Municipal No. A-25,
Ashok Vihar, Ahmedabad.

5. By this deed, the Mortgagor also mortgages to the Mortgagee any building and all
other permanent structures that shall be built on the aforesaid vacant plot by the
Mortgagor.

6. The Mortgagor hereby covenants with the Mortgagee as follows:

(i) That the said premises are free from all encumbrances and the Mortgagor
undertakes that until the entire principal amount and interest, if any due, is
not paid back to the Mortgagee, the Mortgagor shall not create any fresh
mortgage, charge, pledge, or in any other manner, alienate the corpus or his
interest in the aforesaid property to any third person.

(ii) If the Mortgagor fails to pay the sum with interest after it has become payable
under the provisions of this deed, the Mortgagee shall, in addition to any
other remedy available to him under the law, have the power to sell without
the intervention of a Court the mortgaged property or any part thereof for the
realization of the money due to it hereunder.

(iii) During the continuance of the Mortgage, the Mortgagor shall keep any
building or permanent structure erected on the aforesaid plot of land insured
against damage by fire in the name of the Mortgagor with an Insurance

Page | 22
 Company and shall punctually pay all premium on such insurance and shall
produce to the Mortgagee on demand, the policy of such insurance and the
receipt for the premium so paid.

Provided always, that if the Mortgagor shall make default in any of the above matters, the
Mortgagee may, in its discretion, insure and keep insured all or any of the said building and
permanent structures to the amount aforesaid and that the expenses of doing shall be repaid
to it by the Mortgagor on demand, and until so paid shall be added to the principal money
hereby secured and bear interest accordingly and be secured in the like manner as the said
principal.

IN WITNESS WHEREOF the parties herein under have set their hands on the date and year
hereinabove mentioned in the presence of:

MORTAGOR: MAHARSHI SHARMA

MORTAGAGEE: PANCHATANTRA NATIONAL BANK

WITNESSES: ANIL SHARMA & SOHAM MISHRA

***

Page | 23
[9] Balraj Chauhan wants to gift his entire movable and immovable property to her
niece Zia. Prepare a gift deed on behalf of Balraj.

GIFT DEED

THIS DEED OF GIFT is made on 14th November, 2021 at Ahmedabad.

BETWEEN

Mr. Balraj Chauhan, aged about adult, residing at 36, Laxmikrupa Society,Odhav,
Ahmedabad ( hereinafter called "Donor-Party of the First Part).

AND

Ms. Zia Chauhan aged about adult, residing at 11, Laxmikrupa Society, Odhav, Ahmedabad
(hereinafter called the "Donee-Party of the Second Part). 1.

WHEREAS,

1. That out of natural love and affection made an unconditional Gift of

Rs.10,00,000/00 (Rupees Ten Lacs only) by Cheque No.000081 dated 15/6/2016
of Bank of Baroda, Ahmedabad to my Neice Zia Chauhan residing at 36,
Lakshmi Krupa Society,Odhav, Ahmedabad.

2. That out of love and affection made an unconditional gift of

i. The land bearing plot no. 234 with area admeasuring 333 mSq situated at
Sanand of which I am owner. Property worth Rs. 10,00,000.

ii. Jewellery worth Rs. 5,00,000.

iii. My Maruti Suzuki Swift car worth Rs. 5,00,000.

Page | 24
 3. That the aforesaid Gift of Rs.10,00,000/- (Rupees Ten Lacs only) and other
movable and immovable property is made me wholly out of my acquired funds
and wholly earned and owned by me and no other person has or over had my
rights title or interest and claims whatsoever in the same and any part thereof and
I have since such gift as aforesaid totally divested myself of may said amount of
Rs.10,00,000/-(Rupees Ten Lacs only) and or my legal representatives and/or
heirs shall have no right, title, interest and claims or demands whatsoever in the
or upon the gift or any part thereof. I am an Income Tax Assesse having PAN
NO. Abdxx123. assessed by Income Tax Circle Ahmedabad.

IN WITNESS WHEREOF the parties have set and subscribe their respective hands to this
writing on the day and year first hereinabove written.

Signed, sealed in the presence of: Mr. RAKESH KUMAWAT

DELIVERED BY DONOR: Mr. BALRAJ CHAUHAN

DONEE: Zia Chauhan through her Legal Representative.

***

Page | 25
 CIVIL DRAFTING

[1] Mr. Ashutosh Rana is a tenant of Smt. Rachna Tomar (a widow). The tenant
stopped payment of rent since last two years. Ashutosh runs coaching classes for
Medical Students in that rented space. Rachna wants to file a suit for eviction of the
tenant. Frame a suit on behalf of both the parties for the possession of both movable
and immovable property respectively.

SUIT FOR EVICTION

BEFORE THE HON’BLE CITY CIVIL COURT AT AHMEDABAD

SUIT NO: 1 OF 2021
 

Mr. Ashutosh Rana

Sex: Male
Aged: Adult 28 years
Residing at:71, Shahibaug Society,
Asharwa, Ahmedabad, Gujarat                     ….…………
Plaintiff
Versus

Ms. Rachna Tomar,

Sex: Female,
Aged: 27 years,
Residing at:
G-105, Sundarvan Appartment,
Ranip, Ahmedabad, Gujarat. …………
Defendants

Page | 26
MAY IT PLEASE YOUR HONOUR;
The Plaintiff above named begs to states as follows;

1. That the Plaintiff is owner of a bungalow No.1 On Navranpura Street in the town of
Ahmedabad with an Empty Floor attached thereto.

2. That the Defendant is a Teacher and was transferred to this station in the month of
January 2018. He approached the Plaintiff to permit him to occupy the Floor of the
Plaintiff for a long period of 3 Years during which he would run a chocking centre in it
for medical students to teach.

3. That the Plaintiff, in view of the assurance given by the defendant, permitted him to
occupy the Floor of Bungalow.

4. That the Plaintiff learns that the predecessor of the defendant has not vacated the
government quarter and left behind his family members who are occupying the same.

5. That it is was agreed by the Defendant to pay the rent on or before the 1 st week of every
Month. It was also agreed that if the Defendant fails to pay rent for more than one month
than the Plaintiff has all the right to ask the Defendant to Evict the said premises after
giving one-month notice period.

6. That the possession of the defendant was totally permissive and the defendant has no
right whatsoever to continue to use the premises without paying Rent.

7. That the Plaintiff made several notices oral/written to the defendant to ask him to pay
rent or to leave the premise.

8. That ultimately the Plaintiff sent a notice dated 1/12/2019 by registered post with
acknowledgment due delivered due to the defendant personally on 2/12/2019 demanding
of him to quit the rented Floor and deliver back to the Plaintiff peaceful possession
thereof, within 15 days of the service of the notice, which period has also expired, and
the Defendant is not quitting the rented suit. Hence this suit.

9. That the valuation of the suit for the purposes of jurisdiction and payment of court-fee is
Rs. 100 and ad valorem court-fee has been paid accordingly.

10. The Plaintiff, therefore, claims the following reliefs:

 The Eviction order may be passed against the defendant;

Page | 27
 Defendant may be ordered to pay the sum of Rs. 4,00,000 being the compensation
amount.

 Costs of suit may be awarded to the Plaintiff.

 Any other relief that this Court may deem just and proper.

PLANITFF: ASHUTOSH RANA

ADVOCATE OF PLANTIFF: DIPENDRA SHARMA

AFFIDAVIT

I, Ashutosh Rana, adult, residing at the address mentioned in the cause title of this
application, do hereby solemnly affirm and state on oath as under: I have read and
understood the contents of the application memo. Its Paras are true to my knowledge and
belief. Solemnly affirmed on this day of 1st of January 2020 at Ahmedabad.

PLAINTIFF: ASHUTOSH RANA

ADVOCATE OF PLAINTIFF: DIPENDRA RANA

***

Page | 28
[2]. Ms. Adiba passed her B.A. LL.B. examination in 2015 from Osmania University.
Now, after 5 years of passing her graduation she wants to appear in LL.M. Annual
Exam of 2020. Draft an Affidavit of Adiba to be filed before the Registrar of the
University explaining the gap of six years and seeking permission to appear in said
examination.

AFFIDAVIT FOR PERMISSION TO APPEAR IN EXAMINATION

The Registrar,
Osmania University,
Hydrabad, Telangana

Affidavit of Miss. Adiba Qureshi D/o, of Mr. Altaf Qureshi, aged 26 Years, residing at
H.No: 4, Kamleshar Society, Hyderabad, Telangana,

I, the above named deponent, solemnly affirm and state as under:

1. That I am the applicant in the application being submitted for justifying the break of
5 years before applying for LL.M. and as such I am fully conversant with the facts
deposed to below.
2. That I pursued and passed five years Bachelors Degree in B.A. LL.B. from Osmania
Law College, Osmania University from years 2010-2015 under roll no.
20100401044.
3. That due to a serious car accident I was badly injured and my body suffered from
partial paralysis. This medical condition got cured after 5 long years and because of
the same there has happened acute delay in my application for LL.M Course.
4. That I have made a request to your good office to accept my application for LL.M.
Entrance Exam so that I can have an opportunity to appear for the same.
5. That I hope that you will understand the cause of delay and consider my request for
the same.

DEPONENT: ADIBA QURESHI Signed at 1st December 2020.

VERIFICATION

Page | 29
I, Ms. Adiba the above named deponent does hereby verify on oath that the contents of the
affidavit above are true to my personal knowledge and nothing material has been concealed
or falsely stated. DEPONENT: ADIBA QURESHI

***

[3]. Prepare a Habeas Corpus Writ Petition under Article 226 of the Constitution of
India stating the time and place of arrest of your relative by police.

WRIT PETITON

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 34 OF 2019
IN THE MATTER UNDER
ARTICLE 14, 21, 22, AND 226
OF THE CONSTITUTION OF
INDIA;
AND
IN THE MATTER BETWEEN:
Kantibhai Amthabhai Patel,
Age 57, Male,
Occupation: Service,
Residing at:
D-407, Sarjan Towers,
Memnagar, Ahmedabad.
Versus
1. The State of Gujarat
Notice to be served through
Learned Public Prosecutor,
High Court of Gujarat

2. Police Inspector
Memnagar Police Station
Ahmedabad City,
Ahmedabad, Gujarat.
Page | 30
3. Laxmanji Bhavanji Pitroda,
Age: Adult, Hindu, Male,
Residing at A-405, Mahavir Avenue,
Naranpura,
Ahmedabad. …Respondents

TO
HON’BLE THE CHIEF JUSTICE AND
OTHER ESQUIRE HON’BLE JUDGES
OF THE HIGHCOURT OF GUJARAT
AT AHMEDABAD
THE HUMBLE PETITION OF THE ABOVE NAMED PETITIONER

MOST RESPECTFULLY SHEWETHS AS UNDER: -

1. The Petitioner is a national and a citizen of India and is entitled to the fundamental rights
enshrined under the Constitution of India.

2. The petitioner states that the petitioner’s daughter Miss Kamini Patel (herein after referred
as Corpus for sake of brevity) went missing since 12.8.2019.

3. The petitioner states that the corpus used to do marketing job and also used to do Allient
classes from S.G. Highway, Ahmedabad. The corpus used to do marketing job pertaining to
website making regularly. On 12.8.2019 the corpus went out for the job work only and said
that she will come back by evening as she used to come daily. On the same day at 4:45 p.m.,
the corpus called the petitioner and said that she will return back to home within half an
hour. However, the corpus did not return back even by 8:00 p.m. and when the petitioner
tried to call the corpus on her mobile phone, it was kept showing switched off.

4. The petitioner states that the wife of the petitioner was not well and the brother-in-law of
the petitioner along with his wife came to see her. The petitioner informed about the
situation to his brother-in-law and also expressed his suspicion with regards to involvement
of the respondent no. 3 herein. The petitioner apprehended involvement of the respondent
no. 3 and out of his suspicion, the petitioner called the respondent no. 3 on his mobile. When
the petitioner asked the respondent no. 3 for the whereabouts of the corpus he said that they
have just parted some time ago near N.I.D. Ahmedabad. The petitioner and his brother-in-
law started searching for the corpus near N.I.D. Ahmedabad and after some time discovered
Page | 31
the Scooty, bearing vehicle registration No. GJ-01-FW-0449, which the corpus used to use
and had also used on the day of the incident. Despite making several efforts, the petitioner
and his relative could not able to trace the corpus and thereafter when the petitioner again
tried to contact the respondent no. 3, even the mobile phone of the respondent no. 3 was kept
on showing switched off.

5. The petitioner thereafter immediately rushed to the Memnagar Police Station and filed a
missing complaint of his daughter i.e. the corpus herein on 13.8.2019 at around 12:30 a.m. A
copy of the complaint-dated 13.8.2019 registered with Memnagar Police Station Ahmedabad
is annexed herewith and marked as Annexure-A.

6. The petitioner states that thereafter the petitioner kept on searching for the whereabouts of
the corpus and tried contacting her and the respondent no. 3 herein as well but all efforts
resulted in vain. The petitioner could, however able to contact the respondent no. 3 with help
of one of the police officers and upon asking the whereabouts of the corpus and firm
insistence to hear the voice of his daughter, the respondent no. 3 said he will make sure that
she would call back the petitioner and asked to wait. After waiting for some time, the
respondent no. 3 called the petitioner and the corpus herein only said “I am good wherever
Iam” and then the phone was hanged up. Immediately after some time on the same day i.e.
on 13.8.2019 the corpus sent a document on Whats-App message containing soft copy of a
protection application, which she alleges to have been made by her. It was alleged in the
application that she apprehends that her parents will fix her marriage against her will and
wish, It was also stated that she is major now and capable to give consent and also to think
for herself. Itwas further stated that she wants to focus on her career. Further along with the
protection application, there is one affidavit, which was done on a Non Judicial Stamp of Rs.
20/-. It clearly seems that there is an apparent contravention between the wordings in a
protection application and affidavit made on a Non Judicial stamp paper because in a
protection application it was alleged that if anything happens to the corpus, her parents
would be responsible for that, whereas in a Non-Judicial stamp paper, though the wordings
appears to be the same, no such allegation is made against the parents. The petitioner
therefore strongly apprehends that the protection application and the affidavit, both are
scripted and seems to have been premeditated and concocted by the respondent no. 3 herein.
The corpus was coerced, threatened and forced to allege the same. A copy of the whole
Whats-App document containing protection application and an affidavit are annexed
herewith and marked as Annexure-B collectively.

Page | 32
7. The petitioner states the corpus was brain washed and has been under the coercion and
influence of the respondent no. 3 herein. The petitioner further states that the petitioner and
his relative searched on the Facebook profile of the respondent no. 3 and also got enquired
about the respondent no. 3 and to the utter shock and dismay the petitioner learnt that the
respondent no. 3 is already married and also has a minor child as well. It is evident from the
Facebook profile that the respondent no. 3 is married. A copy of the documents extracted
from Facebook establishing the marital status of the respondent no. 3 are annexed herewith
and marked as Annexure-C collectively.

8. The petitioner states that the petitioner was born on 12.2.1994 the same is evident from
the birth certificate therefore the corpus is 25 years of age and the same is major. A copy of
the birth certificate is annexed herewith and marked as Annexure-D.

9. The petitioner states that the daughter i.e. corpus of the petitioner is a major and the same
is held back by the respondent no. 3 against the will of the corpus, the respondent no. 3 is a
head strong person and when the petitioner tried to talk with the respondent no. 3, the
respondent no. 3 had threaten the petitioner as well,

10. The petitioner states that the respondent no.3 is wrongfully confining the corpus against
the wish and will of the corpus and also against the wish and will of her parents. At present
she is helpless at the hands of respondent no. 3. The corpus is confined against her wish and
the petitioner apprehends that there is a threat to the life of the corpus. The corpus is also
required to be released from the illegal detention of respondent no.3.

11. The petitioner states that the corpus is major and is capable to give consent and also to
think for herself however looking at the present case and circumstances it appears that the
corpus is acting under the influence and coercion of the respondent no. 3 herein. Therefore,
the petitioner submits that the corpus is held against her wish and will and the same is breach
of article 19 (1) (d) & (e) and 21 of the Constitution of India.

12. The Petitioner craves leave to add, alter, amend or delete any of the grounds mentioned
hereinabove if need arises to do so.

13. The Petitioner states that he has no other equally efficacious remedy but to approach this
Hon’ble Court by way of this application.

14. In view of aforesaid premises, the Petitioner most respectfully prays that:

A. YOUR LORDSHIPS be pleased to admit and allow this petition.

Page | 33
B. YOUR LORDSHIPS be pleased to issue a writ of HABEAS CORPUS or any other writ
in the nature of Habeas Corpus directing the respondent no. 2 to produce the corpus from
illegal confinement of the respondent no. 3 before this Hon’ble Court and to give her
custody to the petitioner.

C. YOUR LORDSHIPS be please to issue a writ of mandamus directing the respondent no.
2 to provide police protection to the petitioner.

D. YOUR LORDSHIPS be pleased to pass such further orders as may be deemed fit in the
interest of Justice.

FOR THIS ACT OF KINDNESS, THE PETITIONER HEREIN DUTY BOUND SHALL
FOREVER PRAY.

Date: 14.10.2019

Place: Ahmedabad

Advocate for Petitioner

AFFIDAVIT

I, Kantibhai Amthabhai Patel,Age 57, Hindu, Male, residing at address given at title clause
of this petition, do hereby solemnly affirm and state on oath as under, that what is stated in
Para 1 to 13 bare facts and the same to the best of my knowledge is true and correct and I
believe it to be true. Paragraph 14 contains prayer.Solemnly affirm by me on this 14th day of
October 2019

DEPONENT: KANTIBEN AMTHABHAI PATEL

***

Page | 34
[4.] Write an application for Maintenance either from the side of wife and children or
parents under section 125 of the Code of Criminal Procedure, 1973.

MAINTENANCE APPLICATION

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, GANDHINAGAR

CRIMINAL APPLICATION NO. 45 OF 2019

IN THE MATTER OF: -

1. Mrs. Valiben K. Patel, R/o

Gandhinager
2. Minor Sunny S/o Kantibhai Patel,
R/o Gandhinager Applicants

VERSUS

1. Kantibhai Amthabhai Patel

R/o Ahmedabad
Respondent/Accused

APPLICATION UNDER SECTION 125 OF THE CODE OF

CRIMINAL PROCEDURE, 1973

The Complainant above named most respectfully submits as under:-

1. That Applicant No. 1 is the legally wedded wife of the Respondent while Applicant
No. 2 is the legitimate son of the Respondent. Both the Complainants are residing
within the jurisdiction of this Hon‟ble Court.

2. That Applicant No.1 was married to the Respondent according to the Hindu Rites
and ceremonies on 1/1/2017 - at New Ahmedabad and Applicant No. 2 was born
out of their wedlock on 1/9/2018. Applicant No. 2 is staying with Complainant No.
1 at present.

3. That Applicant No. 1 and Respondent stayed together after their marriage and for

Page | 35
 the last two years proceeding.

4. That sometime during the period June-July, 2019, the matrimonial life of Applicant
No. 1 and the Respondent got disturbed on account of the illegitimate affair of the
Respondent with a girl named Mrs. A. Complainant No. 1 made best possible
efforts to persuade the Respondent to desist from indulging in an affair outside their
wedlock. However, the same had no effect on the Respondent. Rather, the
behaviour of the Respondent towards Applicant No. 1 became rude, cruel and
oppressive, and finally on 24/08/2019, the Respondent compelled Applicant No. 1
to leave the matrimonial home along with Applicant No. 2, since then, the
Applicants are staying with father of applicant No. 1.

5. That the Applicant No.1 has made repeated attempts to join the Respondent in the
matrimonial home. However, the Respondent has refused to take back the
Applicants and has clearly informed Applicant No. 1 that he was planning to marry
Mrs. A though the same is not permissible under law. As such, the Respondent has
deserted the Complainants without any reasonable cause.

6. That the Respondent is liable to maintain the Complainants who have repeatedly
requested the Respondent to provide them the appropriate maintenance. However,
the Respondent has not only refused/neglected to maintain the Complainants, but
has also refused to ever part with/return the articles belonging to Complainant No.
1 towards the dowry and Stridhan which are lying at the Respondent‟s house.

7. That the Respondent is a man of status and is working as a Wing Commander in

Indian Air Force. He is getting monthly emoluments of about Rs. 2,50,000 per
month and as such has sufficient means to maintain himself and the Complainants.
He has no encumbrances or liabilities except that of maintenance of the Applicants.

8. That Applicant No. 1 has no independent source of livelihood and as such is unable
to maintain herself. She is staying with her father at Gandhinagar and as such both
the Alpplicants are dependant upon him.

9. That Applicant No. 2 is a minor and is also staying with Applicant No. 1. He is
studying in Delhi Public School, and his monthly expenditure including school
fees, dresses etc. etc. is more than Rs. 50,000 Apart form this, Applicant No. 1 has
also kept a maidservant to properly look after Applicant No. 2 and is paying her Rs.
10,000per month which is presently being borne by her father.
Page | 36
 10. That the applicants are residing at Gandhinagar. This Hon‟ble Court therefore is
competent to entertain and try this petition.

PRAYER
It is, therefore, most respectfully prayed that the orders for maintenance of the
Complainants be passed in favour of the Applicant and against the Respondent directing
the Respondent to pay the monthly allowance of Rs. 20,000 towards the maintenance of
Complainant No. 1 and Rs. 50,000 towards the maintenance of Complainant No. 2. The
costs of these proceedings be also awarded to the Petitioner.

APPLICANT’S ADVOCATE:

AFFIDAVIT

I, Valiben K. Patel, Age 35, Hindu, Female Residing at Gandhinagar do hereby solemnly
affirm and state on oath as under, that what is stated in Para 1 to 10 bare facts and the same
to the best of my knowledge is true and correct and I believe it to be true.

Solemly affirmed by me on 10th of October 2019.

DEPONENT

***

Page | 37
[5]. Write an original petition by husband for dissolution of marriage with damages
against correspondent by reason of adultery under Indian Divorce Act, 1869.

PETITION FOR DISSOLUTION OF MARRIAGE

IN THE HIGH COURT OF GUJARAT,

IN THE COURT OF HON’BLE J. J B PARDIWALA
CIVIL PETITION NO. 1/2021

IN THE MATTER OF:

Mr. Rakesh Mishra,
Age: 34
Resident of Ahmedabad
VERSUS
Mrs. Minakshi Rakesh Mishra
Age: 29
Resident of Ahmedabad
SUBJECT: PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH
DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY UNDER
INDIAN DIVORCE ACT, 1869.
Sheweth,
1. That your petitioner was on the 1st December 2015 lawfully married to Minakshi Mishra.

2. That from his said marriage, your petitioner lived and cohabited with his said wife at
Nadiad and at Anand and lastly at Ahmedabad and that your petitioner and his said wife
have had issue of their said marriage, five children, of whom two sons only survive, aged
respectively twelve and fourteen years.

3. That during the three years immediately preceding marriage the day of the defendant and
Mr. Naman Kapoor was constantly with a few exceptions, residing in the house of your
petitioner at aforesaid, and that on diverse occasions during the said period, the dates of
which are unknown to your petitioner, the said Defendant in your petitioner's said house
committed adultery with the said Naman Kapoor.
Page | 38
4. That no collusion or connivance exists between me and my said wife for the purpose of
obtaining a dissolution of our said marriage or for any other purpose.
5. That the defendant has no pure and truth worthy intention to carry her marriage as she
degraded the sanctity of marriage.
Your petitioner, therefore, prays that this (Hon'ble) Court will decree a dissolution of the
said marriage, and that the said Mr. Naman Kapoor do pay the sum of rupees, 5,000 as
damages by reason of his having committed adultery with your petitioner's said wife, such
damages to be paid to your petitioner, or otherwise paid or applied as to this (Hon'ble) Court
seems fit.
PLAINTIFF: Rakesh Mishra
FORM OF VERIFICATION
I, Rakesh Mishra, the petitioner named in the above petition, do declare that what is stated
therein is true to the best of my information and belief.
(a) If the marriage was solemnized out of India, the adultery must be shown to have been
committed in India.
(b) The petition must be signed by the petitioner.

DEPONENT:

***

[6]. INTERLOCUTORY APPLICATION

BEFORE THE COURT OF LEARNED CIVIL JUDGE (SENIOR DIVISION),

Page | 39
 BHARUCH
Application No:15 of 2019
Mr. Parth H. Manek,
Male, aged 49 years,
Occu: Business, Residing
at : B-103, Bhaleshwar
Apartment,
Bharuch.
Applicant

Versus
Mr. Peter Mathew,
Male, aged about 46 years,
Park Avenue Apartment, Jail
Road,
Bharuch. Respondent

SUBJECT: Application under order 39 Rule 1 and 2 read with section 151 of the Civil
Procedure Code, 1908 amendment till date on behalf of the Plaintiff/appellant

TO,
THE HONOURABLE THE CHIEF JUSTICE AND
THE OTHER HONOURABLE JUDGES OF THE
HONOURABLE HIGH COURT OF GUJARAT
AT AHMEDABAD.

MOST RESPECTFULLY SOWETH:

That the applicant/plaintiff has filed the accompanying plaint in the above mentioned suit
before this honorable court hearing and the same will take some time.

1. That it is apparent from perusal of grounds as mentioned in the plaint and

accompanying annexed documents therewith that the
applicant/plaintiff/appellant has a very good prima facie case in his favour.

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 2. That is is very likely that the applicant would succeed. That The balance of
convenience is also in favour of the applicant/plaintiff/appellant. The grounds
as mentioned in the plaint may be read as part of this application as the same
are not repeated here for the sake of brevity.

3. That the interest of justice demands that the respondent is restrained from the
property. In case the respondents are not restrained the applicant will suffer
irreparable loss and injury which cannot be compensated in terms of money.

4. It is therefore most respectfully prayed that the respondents be restrained from

property in the interest of justice. Such other orders he also passed in favour of
the applicant as deemed fit in facts and circumstances of the case.

DATE: 14/10/19

ADVOCATE FOR APPLICANT

APPLICANT: PARTH H MANEK

***

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 [7]. SUIT FOR PERMANENT INJUNTION

BEFORE THE COURT OF LEARNED CIVIL JUDGE (SENIOR DIVISION),

AHMEDABAD.
Civil Application No: 19 of 2019
Mr. Arjun H. Manek,
Male, aged 49 years,
Occu : Business, Residing
at :
B-103, Bhaleshwar Apartment,
Ahmedabad
Applicant
S

Versus
Mr. Peter Mathew,
Male, aged about 46 years,
Park Avenue Apartment, Jail
Road,
Ahmedabad.
Respondent

SUBJECT: SUIT FOR PERMANENT INJUNTION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is the permanent resident of the above mentioned address in
property as mentioned hereinabove, for the last many year and is living with
wife and minor children, as a tenant.

2. That the plaintiff is a tenant in respect of the above said property consisting two
rooms, latrine and kitchen in the above said premises of Rent Rs. 150/- (Rs.
150/) p.m. excluding electricity and water charges under the tenancy of late
Bhikhu Tanna who died on 17.10.2013 and late Sh. Bhiku Tanna used to collect
the rent from the plaintiff but late Bhikhu Tanna did not issued any rent receipt
to the plaintiff even after several demands made by the plaintiff but he always
used to postpone the issue of rent receipt.

3. That the plaintiff spent a huge amount on the construction of these two rooms in
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 the above said premises at the request of Late Sh. Bhikhu Tanna and Sh. Bhikhu
Tanna assured the plaintiff to adjust the said rent (the plaintiff is having the
necessary documents/proofs of material for construction of rooms in the above
said property). It is also pertinent to mention here that the plaintiff looked after
late Sh.Bhikhu Tanna many a times, whenever he fell ill.

4. That at present the plaintiff is having the peaceful possession of the said
premises and is having the whole necessary documents/record regarding
possession (photocopy of Ration Card, School Card is enclosed herewith) but
theabove said defendants are intended to disturbed the peaceful physical
possession of the plaintiff of the above said premises.

5. That the plaintiff is having the whole necessary household goods which are
lying/kept in the above said premises and is living peacefully.

6. That the plaintiff has paid the agreed rent @ Rs. 150/- p.m. to late Sh. Bhikhu
Tanna Oct. 2013. It is also pertinent to mention hare that the legal hairs of late
Sh.Bhikhu Tanna are not in the knowledge of the plaintiff and at present also
the plaintiff is ready to tender the rent before the legal heirs of late Sh.Bhikhu
Tanna.

7. That on dt. 30.1.2015 the above said defendant came to the above said premises
of the plaintiff and threatened the plaintiff to vacate the tenanted premises
immediately otherwise the plaintiff would have to face dire consequences, when
the plaintiff asked about their identity then they did not disclose the same,
instead started throwing household goods forcibly and illegally and started to
quarrel with the plaintiff when the local residents/neighbours intervened in the
matter then the defendants left the spot after threatening for dire consequences
and to dispossess the plaintiff forcibly and illegally in the near future with the
help of local goondas. The defendants openly stated that the staff of police
station dancesat their tune and it is very easy job for them to dispossess any
person or to grab the property of any one with the help of the police staff.

8. That immediately on the same date the plaintiff rushed to the police station to
lodge his report against the defendants regarding such incident but duty officer
did not lodge the report of the plaintiff. The plaintiff was surprised to see that
both the defendants were already present at the Police Station.

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9. That on 10.2.2015, the plaintiff sent a Registered Notice to the defendant no. 1
and copy to Chowki Incharge Police Station by Regd. A.D. but Police Station
staff has not taken any action against the defendants for reasons best known to
them.

10. That on 11.2.2015, the defendants along with two unknown persons/ whom the
plaintiff can recognise by face, came to the above said premises of said
property, and knocked at the door at odd hours and threatened the plaintiff to
come out of the room. The plaintiff saw their faces from gaps of the door and
the plaintiff got nervous, and therefore did not come out oftwo room apartment.
The said persons threatened the plaintiff to vacate the premises immediately.
However, then the neighbours gathered there and they restrained the defendants
from dispossessing the plaintiff from the above said premises forcibly and
illegally. When the neighbours threatened them, they left the spot with a threat
to come after one or two days with heavy force to dispossess the plaintiff from
the above said premises forcibly and illegally.

11. That on de. 12.2.2015, the plaintiff again went to the police post Matiala to
lodge the report against the defendants but no Police Officer of P. Post Matiala
is ready to listen against the defendants and they advised the plaintiff to
approach to the competent court of law to seek his remedy and to get injunction
order against the defendants and the police station.

12. That the plaintiff has no other efficacious remedy except to approach to this
Hon'ble court for seeking relief of injunction against the defendants from
interfering in the peaceful possession of the premises of said property.

13. That the cause of action arose on different date when the defendants threatened
the plaintiff to vacate the premises no. 36 Uttam Nagar, New Delhi
andthreatened the plaintiff of dire consequences and further to dispossess him
from the above premises bearing no. 36 Uttam Nagar, New Delhi forcibly and
illegally. The cause of action lastly arose on dt. 11.2.2015 when the defendants
again threatened and tried to dispossess the plaintiff from the premises of said
property, forcibly and illegally with the connivance of the Local Police. The
cause of action still subsists as the threat of the defendants to dispossess the
plaintiff and to create disturbance in the peaceful possession of the premises
said property continues.

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 14. That the parties to the suit for the purpose (s) of court fee and jurisdiction is Rs.
130/- on which the requisite court fee has affixed.

15. This Hon‟ble Court has jurisdiction to entertain this suit because the part of the
cause of action arose at Delhi and the suit property is situated within the
territorial jurisdiction of this Hon‟ble Court.

PRAYER

It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :-

I. Pass the decree for Permanent Injunctin in favor of the plaintiff and against the
defendants thereby restraining the defendants, their representatives, employees,
agents etc. from dispossessing the plaintiff forcibly and illegally from the tenanted
premises of said property and also from interfering in the peaceful possession of the
above said premises.

II. Award cost of the suit in favour of the Plaintiff and against the Defendants;

III. Pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.

PLAINTIFF: ARJUN H. MANEK

VERIFICATION

Verified at Ahmedabad on this 14th day of October 2019 that the contents of paras 1 to 15 of
the plaint are true to my knowledge derived from the records of the Plaintiff maintained in
the ordinary course of its business, and last para is the humble prayer to this Hon’ble Court.

ADVOCATE:

DEPONENT:

Page | 45
 [8]. WRITTEN STATEMENT

BEFORE THE HON’BLE PRINCIPLE SENIOR CIVIL JUDGE, KALOL

SPECIAL CIVIL SUIT NO. 44 OF 2012

IN THE MATTER OF

Bajiben

Widow of Chamanji Charurji Thakore.

PLAINTIFF

Versus

Bhalaji Chamanji Thakore.

DEFENDANT

WRITTEN STATEMENT ON BEHLAF OF DEFENDANT:

1. It is pertinent to note that the defendant N01,2 and 4 have perused the memo
of the plaint and are conversant with the facts of the present case.

2. At the outset, it is required to be stated that the present plaint is false, frivolous
and vexatious and requires to be dismissed. And we deny all the averments,
allegations and submissions made in the subject suit, which are contrary to or
inconsistent with the record of Defendant nos. 1, 2 and 4 and / or what is
stated in the present reply affidavit as if they all are individually and
specifically traversed, save and accept those which are admitted by me herein
below. It is humbly stated and submitted that none of the allegations and / or
averments and
/ or contentions in the appeal may be presumed as admitted merely because
any of them is not expressly dealt with or replied.

3. At the further outset, it is required to be stated that the contents of the memo
of the plaint as well as application seeking interim injunction on illegal, false,
baseless and are denied hereby. it is required to be stated that the present plaint
suffers from delays and laches and therefore deserves to be dismissed in
Page | 46
liminie. it is required to be stated that the plaintiffs through the present suit
seek to belatedly challenge the revenue entry bearing number 3947 dated
10.03.2000,

Page | 47
 after a delay of more than eight years. It is pertinent to note that the plaintiffs
also seek to challenge the sale transaction entered in the year 2007 in question
after a period of more than 3 years. It is apparent that the plaintiffs have filed
the present suit with the ulterior motive of extracting more money from the
defendants. The present plaint being filed with ulterior motives and being
barred by limitation deserves to be dismissed.

4. It is required to be stated that the plaintiffs have not initiated any revenue
proceedings to challenge the validity of the aforesaid revenue entry no. 3947. it
is required to be stated that the validity of the aforesaid revenue entry no. 3947
cannot be examined in the present suit, as the same would be the subject matter
of the revenue authorities. The plaintiffs have apparently not approached the
revenue authorities for challenging the said mutation entry. Therefore, also the
present suit deserves to be dismissed.

5. It is required to be stated that the present plaint suffers from non-joinder and
misjoinder of parties, and the same therefore deserves to be dismissed. it is
required to be stated that the plaintiffs have not joined all the persons who were
parties to the sale deeds entered into with the third parties. The said persons
being necessary parties, the present suit deserves to be dismissed with costs.

6. It is required to be stated that the plaintiffs have suppressed certain material

facts in the memo of the present plaint as well as application seeking interim
injunction, and the same therefore deserve to be dismissed.

7. It is required to be stated that the plaintiffs do not have any locus standi to file
the present suit. it is required to be stated that plaintiff nos. 1 and 2, having
accepted the consideration from the sale transactions entered into with the third
parties cannot now challenge the same sale transactions. it is required to be
stated that the plaintiff nos. 1 and 2 cannot approbate and reprobate at the same
time.

8. It is required to be stated that since the reliefs sought in the present suit do not
deserve to be granted, the application seeking interim injunction also deserves

Page | 48
 to be dismissed.

9. With respect to contents of para 1 of the memo of the plaint, the same are
denied hereby. It is denied that the defendants have acted in collusion and have
committed any illegal activities. It is denied hereby that the defendants have
dishonestly induced or cheated the plaintiffs and have created false sale deeds.
It is denied that the defendants have committed any breach of trust.

10. With respect to contents of para 2 of the memo of the plaint, no comments are
offered hereby.

11. Para 7 of the memo of the plaint is the prayer and the same do not deserve to be
granted. It is required to be stated that the present suit along with the
application seeking interim injunction deserve to be dismissed.

12. It is required to be stated that the present written statement may not be treated
as a final written statement. I hereby reserve my right to file a further written
statement as and when necessary.

DEFENDANT: BHALAJI THAKORE

DATE: 14/10/2019

VERIFICATION

I Bhalaji Thakore the Defendant named in the above written statement, do declare that what
is stated therein is true to the best of my information and belief. The written statement must
be signed by the Defendant.

Identified by Defendant:

DEPONENT:

ADVOCATE:

***

Page | 49
[9] Draft a Joint Petition for divorce on the ground of compromise between Anupam
and Savitri under section 13B of the Hindu Marriage Act, 1955.

MUTUAL CONSENT DIVORCE PETITION

UNDER SECTION 13(1)(B) OF HINDU MARRIAGE ACT 1955

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT AHMEDABAD

HMA PETITION No.5 OF 2021

IN THE MATTER OF:

Sanjay Kapoor
Age: 35
Residing at Maninagar, Ahmedabad,
Gujarat. Petitioner
No.1

(AND)

Hina Kapoor
Age 36
Residing at Navranpura, Ahmedabad
Gujarat. Petitioner
No.2

SUBJECT: PETITION UNDER SECTION 13 (1) (B) OF THE HINDU MARRIAGE ACT
FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:-

1. That The marriage between the parties was solemnized on 25/10/2015 at Shahibaug
Ahmedabad, by Hindu rites and ceremonies. The said marriage was consummated
thereafter and the parties co-habited as husband and wife at the matrimonial home i.e.

Page | 50
Vishal Society, Maninagar, Ahmedabad. The particulars showing the details of the
parties to the present petition is given above.

2. That there is one boy name Suraj, date of Birth 20/9/2016 age 5 out of the wedlock
of the parties. The parties mutually agreed to give custody of the child to Wife.

3. That the parties could not adjust with each other due to temperamental differences
and their marriage has broken down irretrievably and it is now not possible between
the parties live as husband and wife any more.

4. That all the efforts of reconciliation between the parties to continue the present
marriage has failed and there are no further chances of reconciliation between the
parties any more.

5. That the parties are residing separately since 15 months and there is no cohabitation
between the parties since then.

6. That the parties have now decided to dissolve the marriage legally through a decree
of divorce on mutual consent. The parties have settled all their claims, counter claims
etc. and the respondent wife has received her entire Stridhan, Permanent alimony,
maintenance etc. and there is no due with regard to any other claim between the
parties now.

7. That the party has decided to withdraw all the complaints, counter complaints
against each other.

8. That the present petition is not being filed in collusion.

9. That there are no other divorce proceedings pending before any other court.

10. That the matrimonial home of the parties was at Maninagar hence this court has
the jurisdiction to grant the decree of divorce as prayed for.

11. That there are no legal impediments in grant of the decree of divorce to the parties
on the basis of mutual consent.

PRAYER

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It is most respectfully prayed that the court may accept the present petition and grant a decree
of divorce between the parties thereby, dissolving the marriage between the parties.

Any other order which the court may deem fit and proper in the facts and circumstances of
the present case be also passed in favour of the petitioners.

PETITIONER 1 PETITIONER 2

VERIFICATION

We Sanjay Kapoor and Nina Kapoor the petitioners named in the above petition, do declare
that what is stated therein is true to the best of my information and belief. The petition must
be signed by the petitioner.

Identified by Petitioners:

DEPONENT:

ADVOCATE:

***

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