IN THE HON’BLE COURT OF CIVIL JUDGE (SENIOR

DIVISION), DWARKA COURT, NEW DELHI

CIVIL SUIT NO. OF 2024

IN THE MATTER OF:

VINNY SIKRI …PLAINTIFF

VERSUS

PAVANA DEVI ...DEFENDANT

INDEX
S.NO. PARTICULARS PAGES C.F.
1. MEMO OF PARTIES
2. COURT FEES AFFIXED
3. SUIT FOR BREACH OF
CONTRACT- U/S ,73,74,75 ICA.
4. LIST OF DOCUMENTS
ALONG WITH DOCUMENT
5. AFFIDAVIT IN SUPPORT.
6. VAKALATNAMA.

NEW DELHI …PLAINTIFF

DATED : .04.2024

THROUGH COUNSEL

RAJAT SIKRI & VINAYAK SAINI

CH.NO. 833 DWARKA COURT

NEW DELHI-110075
 IN THE HON’BLE COURT OF CIVIL JUDGE (SENIOR
DIVISION), DWARKA COURT, NEW DELHI

CIVIL SUIT NO. OF 2024

IN THE MATTER OF:

VINNY SIKRI …PLAINTIFF

VERSUS

PAVANA DEVI ...DEFENDANT

MEMO OF PARTIES
VINNY SIKRI S/O SH. ASHOK KUMAR

RESIDENT OF B-144, MANSA RAM PARK

UTTAM NAGAR, NEW DELHI- 110059

MOB. …PLAINTIFF

VERSUS

PAVANA DEVI W/O SH. GAUTAM SHARMA

RESIDENT OF 46/562, PANCHKULA ROAD,
R.K ASHRAM MARG,
NEW DELHI-110001
Mob- 9891599316 ...DEFENDANT
THROUGH COUNSEL

RAJAT SIKRI & VINAYAK SAINI

CH.NO. 833 DWARKA COURT

NEW DELHI-110075
 IN THE HON’BLE COURT OF CIVIL JUDGE (SENIOR
DIVISION), DWARKA COURT, NEW DELHI

CIVIL SUIT NO. OF 2024

IN THE MATTER OF:

VINNY SIKRI …PLAINTIFF

VERSUS

PAVANA DEVI ...DEFENDANT

SUIT FOR BREACH OF CONTRACT U/S 73,74,75 OF THE

INDIAN CONTRACT ACT,1872 WITH COMPENSATION OF
RS 1,00,000( ONE LAKH ONLY)

MOST RESPECTFULLY SHOWETH:-

1. That the That the Plaintiff is a businessman in the real

estate sector and presently residing at Nawda, New Delhi-
110059.

2. That the defendant is ..............

3. That on February 5, 2023 the Plaintiff and the defendant

mutually entered into an agreement to sale and purchase.
Copy of the document annexed with as ANNEXURE-
(Colly).
4. That the agreement was executed in respect of property of
description built up upper Ground Floor , back side, right
hand side, without roof rights, built on property bearing
Plot no. B-56, area measuring 62.5sq yards, out of total
area 250 sq. yards. Out of khasra no. 10/2 situated in the
revenue estate of village Matiala, New Delhi State Delhi
in the colony known as Mansa Ram Park, Uttam Nagar,
N.D-110059 with common staircase and common passage
with one car parking at ground floor ( herein “the subject
property”).

5. That the total consideration amount was decided between

the Plaintiff and the Defendant in respect of the above
mentioned property is 34,60,000( Thirty Four Lakhs Sixty
Thousand only,).

6. That as per the said agreement the defendant was

required to pay the amount of Rs. 31,09,000( Thirty One
Lakhs Nine Thousand Only) on or before the given date
i.e. 15th March 2023 in favour of the plaintiff as per the
clause 2 of the agreement.

7. That defendant as per the said agreement was required

to pay an advance amount of Rs. 3,51,000 ( Three lakhs
Fifty One Thousand only ), but only paid the amount of
2,51,000 ( Two Lakhs Fifty One Thousand only) and only
out of which Rs.51,000 ( Fifty One Thousand only ) paid
in cash while Rs.2,00,000 ( Two Lakhs only) through
 cheques. Copy of the document annexed with as
ANNEXURE- (Colly)

8. That the defendant has breached the abovesaid contract

in the way, that the defendant had to pay 31,09,000
(Thirty One Lakhs Nine Thousand Only )on or before
dated 15th March 2023 in favour of the plaintiff as per
clause 2 of the agreement.

9. That as per clause 7 of the agreement it was

mentioned that if the defendant fails to pay the
given amount on or before the final date of payment
then the amount paid would be forfeited and the
agreement would be considered cancelled.

10. That the plaintiff within the statutory period as per law,
sent a legal notice (through his grandfather Sh. Ramnath
S/O late Sh. Ram Ditta Mittal) dated 13.10.2023 to the
defendant through Speed Post vide postal receipt
dated .10.2023, intimating therein about the breach of
contract from the side of the Defendant and also
informing the defendant immediately a to take the
following steps on their part within 15 days of legal notice
to take the above specific actions. Copy of the document
annexed with as ANNEXURE- (Colly)

11. The the said legal notice has been duly delivered on
dated /10/2023 as per tracking report obtained from the
 website of India Post Department. Downloaded/ extracted
copy of the tracking report is annexed as ANNEXURE- .

12. That the cause of action for filing the present suit has
arisen when the defendant breached the contract by not
paying the given amount on or before dated 15th March
2023.

13. That the Hon’ble Court has territorial jurisdiction to try

and entertain the present suit as the cause of action arose at
Matiala, Uttam Nagar as the plaintiff is having residence
within the jurisdiction of this Hon’ble court. Hence, the
Hon’ble court has got the jurisdiction to entertain the present
suit.

14. That the suit of the plaintiff is within the statutory

limitation period.

15. That the valuation of the suit for the purpose of the court
fees and jurisdiction is Rs. 2,51,000/- (Rupees Two Lakhs
fifty One Thousand only) and ad valorem fees of Rs. /-
(Rupees only) is affixed.
 PRAYER:-

It is, therefore, most respectfully prayed that keeping in view

the facts and circumstances of the present case, this
Hon’ble Court may graciously be pleased to:

(A) Pass a decree for an amount of breach of contract in

favour of the Plaintiff and against the defendant with a
compensation of Rs. 1,00,000( One lakh only) along with
interest.

(B) Direct the defendant to pay the cost of the proceedings

including the legal fees and expenses etc.

(c) Pass such other or further order(s) as this Hon’ble Court

may deem fit and proper in the favour of the plaintiff and
against the defendant.
 IN THE HON’BLE COURT OF CIVIL JUDGE (SENIOR
DIVISION), DWARKA COURT, NEW DELHI

CIVIL SUIT NO. OF 2024

IN THE MATTER OF:

VINNY SIKRI …PLAINTIFF

VERSUS

PAVANA DEVI ...DEFENDANT

AFFIDAVIT

I, Vinny Sikri s/o Sh. Ashok Kumar , resident of B-144, Mansa

Ram Park, Uttam Nagar, New Delhi - 110059 , do hereby
solemnly affirm and declare as under:-

1. That I am the plaintiff in the above noted case, hence,

fully conversant with the facts and circumstances of
the present case as such I am also fully competent to
swear and affirm the present affidavit.

2. That the accompanying suit has been drafted by my

counsel under my instruction and I have read and
understood the contents thereof in vernacular and are
found to be true and correct. The contents of the
accompanying suit are not being repeated herein for
 the sake of brevity and be read as part and parcel of
this affidavit.

3. That it is my true and correct statement.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this day of April , 2024 that the

contents of my affidavit are true and correct and nothing
material has been concealed therefrom.

DEPONENT