DRAFTING, PLEADING AND CONVEYANCING

CIVIL PLEADINGS

Sl. No. Name of the Practical Work Page No.

1. Exercise-1 1
Plaint
2. Exercise-2 4
Written Statement
3. Exercise-3 7
Setting Aside EX-Parte Decree
4. Exercise-4 11
Maintenance u/s 125 Cr.p.c.
5. Exercise-5 12
Criminal Contempt
6. Exercise-6 15
Anticipatory Bail
7. Exercise-7 17
Caveat Petition u/s 148A C.p.c.
8. Exercise-8 19
Affidavit For Age Disputes
9. Exercise-9 20
Habeas Corpus writ
10. Exercise-10 23
F.I.R.
11. Exercise-11 24
Partnership Deed
12. Exercise-12 26
Sale Deed
13. Exercise-13 27
Mortgage Deed
14. Exercise-14 29
Lease Deed
15 . Exercise-15 31
Gift Deed

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 CIVIL PLEADINGS

EXERCISE-I

FACTS

Satish Chandra,S/O Rajendra Prasad,Resident of05, New Area, Nawada

borrowed Rs. 25,000 agreeing to pay 24% on 26th Feb, 2008 from Srinivasa
Yadav, S/o. ratan Yadav at D.No. 247, bypass Road, Nawada and executed a
promissionary note. The promissionary note was scribed by
Rakesh Kumar, a document writer in Nawada and attested by a
raj-Kishor Prasad and sunil kumar.

Srinivasa Yadav made demands for the Repayment of the loan and also caused
a lawyers notice dated 04.01.2019 to be send to Satish Chandra.

Satish Chandra who received the notice on 27.01.2019 neither paid the
amount nor did he respond to the notice on 20th February, 2019. Srinivasa
Yadav filed a suit for the recovery of the debt.

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 PLAINT
ORDER-6, RULE-17, SECTION-26
In the court of the Junior Civil Judge of Nawada.
O.S.No -045/19
SrinivasaYadav ......................................................................... Plaintiff
Vs.
Satish Chandra ......................................................................... Defendant
Plaint filed on behalf of the plaintiff under order VII Rule-10 and long cause
title.
(1) Plaintiff

Srinivasa Yadav,S/o. ratan Yadav aged 45 years, Hindu business,

residing at D.No. 247, Bypass Road, Nawada, within jurisdiction of this
honourable court.

The address for services of notices etc. on the plaintiff is as stated above
andcomeMukesh Kumar,advocate,Nawada

(2) Defendant

Satish Chandra,S/O Rajendra Prasad,Resident of05, New Area, Nawada, 40

years, Hindu, Business, Nawada within jurisdiction of honourable court.

The address for service of process etc. on the defendant as stated above.

(3) Defendant borrowed a sum of Rs. 25,000 on 26.02.2008 and is

consideration there of executed a promissory note the like sum in favour of the
plaintiff, agreeing to pay interest at 24% perannum.

(4) The plaintiff made several demands on the defendant for the repayment of
the debt. The plaintiff also caused a registered lawyer‟s notice dated
04.01.2019 to be sent to the defendant did notrespond.

(5) The plaintiff submits that the defendant is not an agriculturist and he is not
entitled to the benefits under any of the debt relief oflaw.

(6) Cause of Action: For this suit arose on 26.02.2008 at Tirupati, within the
jurisdiction of this honourablecourt.
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(7) The plaintiff values this suit for the purpose of court fee and jurisdiction of
39,000/- and pays a court fee of 1.666 under section 20 of A.P. Court fee and
suits valuationAct.

(8) Particulars ofValuation

Principal borrowed 25,000
Interest 24% p.a from 26.02.2008 to 20.02.2011 14,000
39,000
Court fee paid there on relief 1,666
Prayer

(9) It is therefore, prayed that the honourable court may be pleaded to pass a
judgement and decree against the defendant and in favour of theplaintiff

(10) Directing the plaint defendant to pay the plaintiff the sum of Rs.39,000 on
with further interest at the contact rate till the date ofrealization.

(11) Awarding the plaintiff the cost of this suitand

(12) Passing such further or other order as the honourable court may deem. Fit
and proper in the circumstance of thecase.

mukesh kumar S.yadav

Advocate fortheplaintiff Plaintiff

Verification

I the plaintiff, to hereby declared that the facts stated above true and
correct to the best of my knowledge, information and belief.

List of document filed

(1) Documents original promissory note executed by the defendant.

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 Special plaints in suits by a licensor against his licencee by a notice as
per the licence agreement.

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 EXERCISE-2

WRITTEN STATEMENT

Facts

„A‟ an aged widow about 80 years is the owner of immovableproperties

in Hyderabad. She has a son „B‟, who was having a wife „C‟. All are Indian
Christians. „A‟ is purported to hare executed an irrevocable indenture of
settlement, by which the income of all the said properties is supposed to have
been given over to „B‟ and „C‟. „C‟ has filed a suit against „A‟ & „B‟ for
carrying out the provision of the said deed of settlement. She has also alleged
inherplaintthat,theincome,possessionandmanagementaredeniedtoher.
„A‟ wants to contend in defence that the said deed was brought about by „B‟&
„C‟ under influence and misrepresentations that neither the possession nor the
management was ever handed over to „B‟ and „C‟ and the said deed was never
handed over upon, and that, she was still the sole owner in possession and
management of the

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 IN THE CITY CIVIL COURT AT HYDERABAD

SUIT NO. 19 OF 2013

C aged 32 years, Christian inhabitant Residing at S.R. Nagar, Hyderabad

…… Plaintiff

Vs

1) A and

2) B …..Defendants

Defendant No: 1 above named states as follows:

1) Defendant No. 1 admits execution of the irrevocable indenture of settlement

in favour of defendant No. 2 and the plaintiff, but pleads that she was induced
to do so by the undue influence and misrepresentations, of defendant No. 2 and
the plaintiff asfollows.

(a) the defendant was several times threatened with life by the plaintiff and
defendantNo.2

(b) on 9th April 2013, the plaintiff and defendant No. 2 B brought an alleged
magician in this defendant‟s house and threatened this defendant that they
would have black magic performed by the magicians and thus kill this
defendant. This defendant, being old, submitted to this diction and executed
the indenture of settlementaccordingly.

(c) Defendant No. 2 and the plaintiff represented to defendant No. 1 that the
deed was one of the General power of Attorney, empowering the plaintiff and
defendant No. 2 to manage the property of defendantNo.1.

(d) Defendant No. 2 and the plaintiff misrepresented to a D.No.1 that it

waslegally necessary for defendant No.1 to executed a power of attorney and
appoint „B‟ and „C‟ as managers of defendant No. 1property.

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 This defendant says that neither the possession nor the management of
the property in suit were handed over to the plaintiff or defendant No.2. The
indenture of settlement was times never acted upon as alleged. This, defendant
therefore is still the full owner in possession and management of the properties
in suit.

The Defendant therefore prays and counter claims

That it may be declared that the said deed of settlement be declared null
and void as against her and that the same day by order of this honourable court
be cancelled. This suit be dismissed with cost.

Date:

„A‟
xxxxxx
Defendant No.1

VERIFICATION

I, defendant, to hereby declared that the facts stated above true and
correct to the best of my knowledge, information and belief.

s.k.singh A

Advocateof defendant Defendant

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 IN THE CITY CIVIL COURT AT HYDERABAD

SUIT NO. 19 OF 2013

C aged 32 years, Christian inhabitant Residing at S.R. Nagar, Hyderabad

IN THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, DELHI

Application No. … OF 2015.

IN THE MATTER OF:-

Ruby Kumari …. Applicant

VERSUS

Prabhakar Sharma @ Raju Sah @ Ram Singh ….. Accused

APPLICATION ON BEHALF OF THE APPLICANT UNDER SECTION 125 OF CODE OF

CRIMINAL PROCEDURE, 1973 FOR INTERIM MAINTENANCE

That the Applicant above named

MOST RESPECTFULLY SHOWETH:-

1. The the present application is filed along with the Application under section 125 Cr.P.C. The

accompanying application contains detailed facts and specific details of incidents. The

contents of the same is not been repeated herein for the sake of brevity.

2. The Applicant is a peace loving citizen of India of age around 29 years and is resident of Sarai,

Sitamadhi, Distt.-Nawada, Bihar. She is presently residing at A-532 III floor, South Ganesh

Nagar, Delhi 110092.

3. That the Applicant is lawfully wedded wife of the respondent. The respondent resides at the

above-said address, within the territorial jurisdiction of this Hon’ble court. The marriage of the

respondent and applicant was solemnized on 15.06.2009 as per Hindu rites and ceremonies

with Prabhakar Sharma @ Ram Singh @ Raju Sah, S/o Ashok Singh (herein after mentioned

as Respondent), at District -Nadwan, Thana Badh, Patna, Bihar.

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 4. The respondent is doing his own business and have sufficient means. He lives his life in very

lavish manner. He also keeps concubine with him and spends lots on money on her. He has his

own house in Delhi and earning more than 1,50,000/- per month.

5. The applicant is unable to maintain herself. She is graduate in Arts and preparing for Banking

exams and other Gov. Services related exams. Her father is small agriculturist but, condition of

farmers is well known to everyone therefore his is working as Security Guards in Delhi and

earns around Rs. 10,000/- per month.

6. That applicant has been deserted by her husband/respondent who has sufficientmeans to

maintain and the applicant has no means to maintain her livelihood as of now. The brief facts

has been mentioned in the accompanying application. The contents of the same is not been

repeated herein for the sake of brevity.

7. That the Applicant has filed a complaint against the Respondent in respect of an offence

committed 498A/406/494/506 of IPC read with Sections 3 & 4 of Dowry Prohibition Act,

which is pending before CAW cell, Sector-3, Rohini.

8. That the Respondent is legally duty bound to maintain the Applicant. The Respondent has no

other significant obligation and has sufficient means to maintain the Applicant. He deliberately

ignored the Applicant’s terrible plight.

9. That there is no Child is born from the bead lock form this marriage with respondent.

10. That the applicant has no independent source of income. For her basic needs like foods and

clothes, she is dependent upon the her father who runs his own livelihood from the scanty

income derived from the job of Security Guard.

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11. That the cause of action to file the present application is continuing and subsisting. Each and

Every day of starvation creates a fresh cause of action, to invoke jurisdiction of this Hon’ble

Court under section 125 of Cr.P.C.

12. That the respondent is residing within the Jurisdiction of this Hon’ble court and hence this

Hon’ble court has jurisdiction to entertain the present petition.

13. That appropriate court fee has been affixed/paid with the present application. Further, the

applicant undertakes to pay deficient court fee, if any or the Hon’ble court further directs to

pay.

14. That the applicant has not filed any other application seeking similar relief or remedy, before

any other court of law.

15. That no improper delay has been caused in filing of the present application.

PRAYER

In the abovementioned facts and circumstance, the Applicant respectfully prayed before this Hon’ble

Court that an interim maintenance for an amount of Rs. 30,000/- per month may be granted in favor of

the Applicant and against the Respondent alongwith the cost of present proceedings.

APPLICANT

Dated :
Place: Delhi FILED THROUGH

Ashok K. Singh
Pawan Chaudhary (Advocate)
A.K.SINGH & CO. Law Offices
3E/6, Ist Floor, Jhandewalan Extn.

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New Delhi-55.

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 IN THE SUPREME COURT OF INDIA

(CRIMINAL ORIGINAL JURISDICTION)

CONTEMPT PETITION (CRIMINAL) NO. OF

2018

IN THE MATTER OF

Ranjana Agnihotri & Ors. Petitioners

Versus

Prashant Bhushan & Anr. Respondents

ADVOCATE FOR THE PETITIONERS: VISHNU SHANKAR JAIN

IN THE SUPREME COURT OF INDIA

(CRIMINALORIGINAL JURISDICTION)

CONTEMPT PETITION (CRIMINAL) NO. OF 2018

IN THE MATTER OF:

1. Ranjana Agnihotri (Advocate) D/o. Late
Rajendra Kant Agnihotri R/o. 512/695 Balda
Road, Nishant Ganj, Lucknow, U.P.

2. Bandana Kumar (Advocate) W/o Shri Ajay

Kumar
R/o. 1101 Alaknanda Apartment, Gomti Nagar
Extension, Lucknow, U.P.

3. Durgesh Kumar Tiwari (Advocate), Son of Sri

Sheetla Prasad Tiwari,
R/o Pandit Deen Dayal Updhaya Nagar, Sarsawan, Arjunganj,
P.O.-Arjunganj, Lucknow-226002, U.P.

4. Pankaj Kumar Verma (Advocate),

Son of Sri Mahadev Verma,
R/o E-3/178,Vinay Khand,
Gomti Nagar, P.O.-Gomti Nagar, Lucknow-
226010, U.P.

5. Ashutosh Mishra(Advocate) Son of Dr. Vidya

Sagar Mishra,
R/o A-1479/7 Indira Nagar,

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 P.O.-Indira Nagar,
Lucknow-226016, U.P. Petitioners
Versus
1. Shri Prashant Bhushan S/o Shri Shanti
Bhushan Advocate,
115,New Lawyers Chamber
Supreme Court of India, Bhagwan
Das Road New Delhi-110001.

2. Editor in Chief,
Aaj Tak News Channel
The India Today Group
Mediaplex,
Fc-8, Sector - 16A,
Film City,
Noida – 201301(Proforma Party)

3. Editor in Chief Times Now News Channel,

Plot No-FC 6, Second Floor,
Film City-Noida Sector 16a,
Noida – 201301,
Uttar Pradesh. (Proforma Party)
… Contemnors-Opposite parties

CONTEMPT PETITION UNDER ARTICLE 129 OF THECONSTITUTION OF INDIA READ

WITH SECTION 15 OF THECONTEMPT OF THE COURT ACT, 1971 AND RULE 3
OFRULES TO REGULATE PROCEEDING FOR CONTEMPT OFTHE SUPREME COURT,
1975 FOR TAKING SUO MOTO
ACTION AGAINST CONTEMNORS

To,
THE HON’BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER

ABOVENAMED.

MOST RESPECTFULLY SHOWETH:

1. That the Petitioners are practicing Advocates at Lucknow Bench of Allahabad High
Court. They are filing the instant petition under Article 129 of the Constitution of
India r/w Section 15 of the Contempt of Courts Act against the Respondents with

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 great anguish and pains in discharge of their duty towards the court and the society as
the statements and remarks made by Shri Prasant
Bhushan an Advocate practicing in this Hon’ble Court on 19.04.2018 after the
pronouncement of judgment rejecting his arguments in case of Tehsin Poonawala vs. Union
of India reported in 2018(6) SCALE tarnishes the image of the institution of the judiciary and
particularly the Supreme Court in the eyes of public within and outside the country and
making reckless allegations and imputations made against the institution and casting
derogatory remarks against the judicial system amounts to committing an offence of criminal
contempt as defined under Section 2 (c) of the Contempt of Courts Act and punishable under
Section 15 of the said Act.

2. That it is relevant to mention that it is usual practice of Shri

Prashant Bhushan to malign the Hon’ble Judges and the institution of judiciary if he fails to
get favorable judgment from the court attributing reasons for passing the judgment/order
against him.
3. That Shri Prashant Bhushan had filed a petition seeking SIT probe into the matter of
alleged payoffs by Birla Sahara Groups to the then Gujarat Chief Minister. The
Hon’ble Court dismissed the plea of Shri Prashant Bhushan seeking probe into Sahara
Birla diary observing that ‘mere diaries and loose sheets cannot be taken as
admissible evidence in code of law against constitutional functionaries. Further that if
an order to investigate on the basis of material with no evidentiary value, it would be
difficult for constitutional functionaries to function, which would not be safe for the
democracy. Immediately after the judgment Shri Prashant Bhushan made statement
before the Press on11.01.2017 to the following effect:-
“It is very unfortunate and abject judgment and it will go down as one of the worsted
judgment in the history. It is black day at the top court today.”
Further that ‘it is mockery of the constitution’.

4. That Shri Prashant Bhushan in an interview to the correspondent of A.N.I. had

severely criticized in bad taste the judgment rendered in Birla Sahara Diary Case and
said that:-
“the verdict shows that when it comes to dealing with and mighty, sometimes even
the Supreme Court wilts under pressure.”

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5. That it is relevant to mention that Shri Prashant Bhushan had appeared in Writ
Petition (Criminal) No.176 of 2017. In the said petition an order was passed by a
bench headed by Hon’ble Chief Justice. On 11.11.2017 Shri Prashant Bhushan made
public statement against the judgment rendered by Hon’ble Court terming the
judgment as a ‘black day’ in the history of the Supreme Court. Further that ‘I feel that
the behavior of the CJI and the Bench was not proper. We have not
seen the order of the Court. We will first see and then
take all our future course of action’.

He gave an interview to the correspondent of ANI, a TV News Channel, which was widely
circulated, he had stated that:-
“But this is certainly a black day in the history of the Supreme Court”.

6. That from the statement made by Shri Prashant Bhushan to the press on 11.11.2017 it
is clear that he had made baseless allegations scandalizing and tarnishing the image of
judiciary. It was highly improper that any judgment passed by the Court is termed as
black day. There was no basis and also there was no occasion to say that the behavior
of CJI was not proper.

7. That Shri Prashant Bhushan had also tweeted that ‘CJI

Deepak Mishra presided over a ‘handpicked bench’ to override

Yesterday’s order’. He spokes to ANI explaining the order of the days proceeding as follows:
“It was one of most unfortunate date for the Supreme Court and the Judiciary, where
the credibility of the Court has been greatly undermined that too effectively by the
CJI himself”.

8. That the Hon’ble Court vide order dated 14.11.2017 dismissed Writ Petition
(Criminal) No.176 of 2017 (Kamini Jaiswal vs. Union of India & Anr.) observing
that:-
“We cannot fall prey to such unscrupulous devices adopted by the litigants, so as to
choose the Benches, as that is a real threat to very existence of the system itself and
would be

denigrated in case we succumb to such pressure tactics”.

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9. That Writ Petition (Criminal) No.169 of 2017 with similar prayer as made in Writ
Petition (Crl.) No.176/2017 had been filed. Shri Prasant Bhushan had also appeared in
the said case. The aforesaid writ petition was dismissed vide judgment and order
dated 1.12.2017 imposing costs of Rs.25 lacs on the Petitioner. In

the said petition in para 9 the Hon’ble Court has mentioned that:-

“…the present petition, in particular, the manner in which it has been perused without
any remorse of questioning the decision rendered on the subject matter by this court
including the plea taken in earlier petition as noted in paragraph 29 of the said
decision, is gross abuse of the process of the court. Therefore, it has to be dismissed
with exemplary costs in order to ensure that such attempt is not repeated in future.”
10. That from the narration of facts and comment made by Shri Prasant Bhushan it is
clear that he had made derogatory remarks against Hon’ble Judges attributing the
motive for passing the order without their being any basis and thus he has committed
an offence of criminal contempt punishable under Section 15 of the Contempt of
Courts Act.

11. That the statement made by Shri Prasant Bhushan Advocate was widely criticized by
legal fraternity throughout the country. There was great resentment within the
advocates and also in the public regarding the derogatory remarks made by Shri
Prashant Bhushan against the judiciary. The Petitioners were of the view that Shri
Prasant Bhushan will not repeat the same thing and he will respect the judicial system
and judiciary and he will refrain himself from making scrupulous remarks and any
remark derogatory to the judicial system and that he would mend his ways.

12. That Writ Petition(C) No.19 of 2018 Teshin Poonawala vs. Union of India & Anr.
was filed for issuing direction to constitute Special Investigation Team (SIT) to probe
into the death of judge Shri Brijgopal Harkishan Loya who had died in the night of
29/30 November,2014 while on a trip to Nagpur. Several other petitions and transfer
petitions were also connected with the said petition. All the petitions and transfer
petitions have been dismissed by a common judgment dated 19.04.2018.

13. That in the aforesaid matter Shri Prasant Bhushan had filed intervention application
on behalf of ‘the Centre for Public Interest Litigation’. He made submissions in the

17
 matter which have been discussed in para 64 of the judgment. In paragraph 65 it has
been mentioned in the judgment that:-
“The affidavit in support of the application for intervention has been sworn by
Mr.Prashant Bhushan personally. Mr.Prasant Bhushan appeared on behalf of the
intervenor as its counsel during the course of the hearing and not as a party in
person.”

14. That in paragraph 74 of the judgment referring to the arguments made on behalf of the
Petitioners and the intervenors it has been observed by the Hon’ble Court that:-
“…but as the submissions have evolved it has become clear that the petition is a
veiled attempt to launch a frontal attack on the independence of the judiciary and to
dilute credibility of the judicial institutions.”

15. That it is relevant to mention that Shri Prasant Bhushan had questioned the formation
of the bench consisting of two Hon’ble
Judges (Hon’ble Mr.Justice A.M.Khanwilkar and Hon’ble Mr.Justice D.Y.Chandrachud)
since they belong to Maharashtra. His objection was rejected by the bench. In paragraph 76
the
Hon’ble Court has held that:-

‘..the conduct of the Petitioners and intervenors scandalizes the process of the court
and prima facie constitutes criminal contempt. However, on a dispassionate of the
view of the matter, we have chooses not to initiate proceedings by way of criminal
contempt if only not to give impression that the litigants and the lawyers every for
them have been subjected to unequal battle with authority of law”.

16. That the Hon’ble Court vide judgment dated 19.4.2018 had rejected all the objections
and pleas raised by Shri Prasant Bhusan and other advocates appearing for the
Petitioners/Intervenors. Shri Prasant Bhushan immediately after pronouncement of the
judgment on 19.4.2018 with a view to scandalize the judges and the institution of
judiciary addressed the press in the lawns of the Supreme Court which was broadcast
by different news channels.

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The Television News Channel ‘Aaj Tak’ in Hindi and ‘Times Now’ news channel in English
broadcast said statement throughout the day in the news bulletins. In his statement Shri
Prashant Bhushan has severely criticized the judgment including attributing motive for
passing the judgment and terming the same as the black day in the history of Supreme Court.
The address made by Shri Prashant Bhushan is also available on Youtube. The address made
by Shri Prashant Bhushan was broadcast by a TV News Channel Times Now a number of
times. A true copy of complete press address made by Shri Prashant Bhushan on 19.4.2018
downloaded in a CD is being filed herewith and marked as ANNEXURE P-1 (page

17. That Shri Prashant Bhushan addressed the press in Hindi on 19.4.2018. The
transliteration in English of the most offending portion of the aforesaid statement and
the translation of the same in English is being given below:-
(a) Transliteration:-

(i) In char jujon ke statement ke aadhar per jo ke affidavit par bhi nahi aayethe
Supreme Court ne aaj swatantra janch ki maang thukra di jabki itne saare
sandeh utpanna huye thhey. (ii) Meri rai men yeh bahut hi galat faisala hua
hai aur
Supreme Court ke liye meri rai me yeh ek kaladin hai kyoki Supreme Court ne bajay
iske ki ek swatantra janch ho jai ki itne sare sandeh utpanna ho gaye thhe unpar parda
dalne ka kaam kiya hai juj Loya ki maut ke uper.
(iii) Agar koi jan yeh baat lekar Supreme Court me aaye ki
bhai iske swatantra janch kara lijiye to swatantra janch ki mang karna bhi political
motive hogaya. Yeh to aur bhi bada prashna chinha lagata hai ki yeh faisala kis
aadhar per diya gaya aur kiske kahne per diya gaya.
(b) Translation in English:-

(i) On the basis of the statement of these four judges which were not even on
affidavit, the Supreme Court has rejected the prayer for independent investigation into
the matter despite a number of suspicions had arisen. (ii) In my opinion this is a very
wrong judgment and for Supreme Court this is a black day because Supreme Court
instead of ordering for independent probe when a number of suspicion had arisen, the
Supreme Court had worked to draw the curtain on the death of judge Loya.
(iii) If any person comes to the Supreme Court demanding for making an independent
probe into the matter then the demand for making independent probe will amount to
having political motive. It also puts a very big question on the judgment as to on
19
 which basis and on whose instruction the same was given.

18. That from the address made by Shri Prashant Bhushan it is clear that he has stated
that:-

(i) “It is a black day in the Supreme Court history.”

(ii) “the judgment has been passed at the instance of some person”.
(iii) “the judgment has been passed to shield the culprits”

(iv) “the judgment has been passed to suppress regarding the death of judge Loya”

19. That it is relevant to mention that Shri Prashant Bhushan had also questioned the
constitution of Bench to hear the petition regarding judge Loya and had objected that
two judges hailing from Maharasthra could not hear the matter. This objection was
rejected by the Hon’ble Court.
20. That while delivering judgment the Hon’ble Court has recorded a finding that the
conduct of the Petitioners and intervenors scandalized the process of the Court
amounting to criminal contempt. However, in the fitness of things the Hon’ble Court
thought not to take action for committing criminal contempt against the Petitioners
and Intervenors.
21. That it is respectfully submitted that the points raised by the Petitioners and
intervenors regarding the Constitution of the Bench as also the demand for
constituting SIT to probe the death of judge
Loya were rejected on merits by the Hon’ble Court vide judgment dated 19.4.2018. Shri
Prashant Bhushan while addressing the press on the said date not only severely criticized the
judgment on those points but also attributed the motive for passing the order in a most
derogatory and disgraceful language.

22. That the very purpose of enacting the Contempt of Court Act would be frustrated if in
grave contempt the contemnors are not punished. In such a situation the people’s
confidence in judiciary would be shaken. The public may think that allegations made
by the contemnor were correct and as such no action was taken by the court.
23. That Section 2(c) of the Contempt of Courts Act, 1971 runs as follows:-
“(c) “criminal contempt” means the publication (whether by, spoken or written, or by
signs, or by visible representation, or otherwise) of any matter or the doing of any
20
 other act whatsoever which-
(i) scandalizes or tends to scandalize, or lowers or tends to lower the authority of,
any court; or
(ii) prejudices, or interferes or tends to interfere with the due course of any
judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner;”

24. That Section 15 of the Contempt of Courts Act, 1971 lays down that the Supreme
Court or the High Court may take action in his own motion or on a motion made by:-
a) the Advocate General or
b) any other person with the consent writing to the advocate general or
c) in relation to the High Court. In relation to Supreme Court the expression ‘Advocate
General’ means the ‘Attorney General’ or ‘the Solicitor General’.

25. That in view of the facts, circumstances and nature of the case it would not be
desirable for the Petitioners to approach Learned Attorney or Solicitor General
seeking permission as prescribed by Section 15 of the Contempt of Courts Act.

26. That the Petitioners pray that to maintain the majesty of the court and to repose
confidence of the public in the judicial system, the Hon’ble Court may take action
against the opposite party for committing criminal contempt of the Supreme Court.

27. That in case of suo moto contempt petition reported in AIR

2017 Supreme Court Pg.3836 it has been held by the Hon’ble
Court that:-
‘the contempt jurisdiction is not only to protect reputation of judge but also to protect
fair name of judiciary and extends to protect registry from false and unfair
allegations’.

28. That in case of Bal Thakare vs. Haris Pimpalkare reported in

(2005)1 SCC 254 E it has been held by the Hon’ble Court that:-
‘the whole object of prescribing procedure mode of taking cognizance is to safeguard
the valuable time of the court from being vested by frivolous contempt petitions’.

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29. That the Hon’ble Court in case of Muthu Karuppan vs. Parithi Ilamvazhuthi reported
in (2011) 5 SCC 496 has interpreted the provision relating to seeking consent of the Attorney
General/Advocate General and has held that:-
‘if the issue involved in the proceedings had greater impact
of the administration of justice and on the justice delivery system, the court is
competent to go into the contempt proceedings even without the consent of the
Advocate
General’.

30. That in view of the statement made by Mr. Prasant Bhushan to the press after the
judgment rendered by the Court in the said case rejecting his submissions and dismissing the
plea demanding for making probe through SIT, he has tried to give a political motive for
passing the judgment and even went on terming the judgment as the black day in the history.
Thus it is high time for the Hon’ble Court to take action in the matter on the basis of the
present application in exercise of the powers of taking suo moto action for committing the
offence of criminal contempt.

31. That it is submitted that if action under Section 15 of the Contempt of Courts Act is
not taken against the opposite party the tendency to scandalize the judiciary and to pressurize
the judges for getting favourable order would continue unabated and may give rise for
repeating the offence of the like nature.

32. That the very purpose of making provision under Section 15 for punishing for
committing Criminal Contempt as defined in Section 2(c) of the Act would be a dead letter
unless in the matter of grave contempt of the Hon’ble Court, the High Court or any other
court the culprit is not tried and punished in accordance with the provisions contained Article
129 of the Constitution of India and Section 15 of the Contempt of Courts Act.

33. That the offence of criminal contempt was committed by opposite party on 19.4.2018.
The cause of action for filing the present petition is occurring from 19.4.2018 and the petition
is being filed within the prescribed period of limitation provided by Section 20 of the
Contempt of Courts Act.

34. That the Petitioners have not filed any other Petition before this Hon’ble Court or any
other court seeking initiation of contempt proceedings against the contemnor/opposite party.

22
 PRAYERS
In the foregoing circumstances, it is most respectfully prayed that this Hon’ble Court
may graciously be pleased to:-

a) Exercise suo moto powers under Article 129 of the Constitution of India and Section
15 of the Contempt of Courts Act taking cognizance of the criminal contempt on the
basis of the facts placed on record against the contemnor/opposite party for
committing criminal contempt within the meaning of Section 2(c) punishable under
15 of the contempt of courts Act;

b) Issue necessary guidelines for advocates in the matter of making statements before or
after any verdict or about the judicial proceeding and the Union of India may be
directed to implement such guidelines;

c) Pass such other or further orders as this Hon’ble Court may deem fit proper in the
interest of justice.

FOR THIS ACT OF KINDNESS, THE PETITIONERS SHALL IN DUTY BOUND,

EVER PRAY.

DRAWN & FILED BY

VISHNU SHANKAR JAIN,

Advocate for the Petitioner

Drawn on: .07.2018
PLACE: NEW DELHI
FILED ON: 06.08.2018

23
24
25
IN THE COURT OF THE JUDICIAL MAGISTRATE SAMSTIPUR

Cr.M.P. No. 96 of 2019

in

C.C.No. 10 of 2019

BETWEEN

Ramoji Shay,
S/o. Sri Narayana,
Aged about 36 years
Anjali Jewellery Shop,
Occupation: Proprietor, Anjali Jewellery Shop,
Hayatnagar, Samstipur District.

…Petitioner/Accused

AND

1) State of Bihar,
Through Hayathnagar Police station,
Represented by the Public Prosecutor,
Criminal Court Premises, Bihar,
.. Respondent/Defacto Complainant

Petition filed on behalf of the Accused under Section 437 Cr.P.C

Offences Under Sections 148, 149, 355, 356 and 418 of IPC.

The address for service of summons, notices and processes etc. on the above named
Petitioner/Accused is the same as that of his Counsel Shri Ram Kumar, Advocate,
Advocates Association, Ranga Reddy District Court Premises, L.B.Nagar, Samastipur,
District.
The address for service of summons, notices and processes of the above named De facto
Respondent/Complainant is the same as that mentioned in the above cause title.
The above named Petitioner/Accused humbly submits as follows:

1) The Petitioner is accused in C.C. No. 10 of 2019 on the file of this Hon’ble Court,
26
and is alleged to have committed the offence under Sections 48, 149, 355, 356 and 418 of IPC.
2) The petitioner humbly submits that he is the owner and Proprietor of the Anjali
Jewellery Shop and running the same since twenty years. The present investment value in the
shop is about Rs. 20 crores. He hails from a good and respectable family without having any
criminal background.

3) It is submitted that a complainant has been made against the petitioner and the same
is pending for enquiry before the Court of the Judicial Magistrate, L.BNagar, R.R.District,
Bihar.

4) The petitioner/accused humbly submits that he is not guilty of any of the offences
alleged by the respondent/complainant. He is an innocent person.

5) The Petitioner is remanded to judicial custody on 25-12-2018.

6) The present petition is the first, and no other similar petition is either filed or
pending before any other court including the Hon'ble High person Court of Bihar.

7) The petitioner/accused submits that he is ready and willing to furnish any sureties as
may be directed by this Hon'ble Court, if he is released on bail.

For the reasons mentioned above it is humbly prayed that this Hon'ble Court may be pleased
to release/enlarge the petitioner/accused on bail in C.C. No. 10 of 2019 on the file of this
Hon'ble Court pending trial on such terms and conditions and with or without any surety or
security as this Hon'ble Court may deem fit and proper in the interest of justice and fair play.

Place: L.B.Nagar S/d-

Date: 5.2.2019. Ramoji Shay
Place: LB.Nagar S/d-
Date: 5.2.2019. Shri Ram Kumar

27
28
 Caveat Application

IN THE COURT OF THE CHIEF JUDICIAL MAJISTRATE AT

DEHRADUN

CAVEAT APPLICATION NO. 1234/2019

SHRISHYAM NAYAK

Aged55Years,

Occupation: BUSINESSMAN

89/435 Rajpur Road, DehradunCaveator

V/s
The Finova CapitalLimited

Having their registered office 5/456 Vikas Nagar DehradunOther Party/Opponents

Caveat Application u/s. 148-A of the
Code of Civil Procedure is as under
MAY IT PLEASE THE HON'BLE COURT:

1. Pray that no Ex-parte order be passed in any Suit/Case/Application for injunction/any

Recovery/prohibitory order/s to be instituted by the Opponents above-named in the Honorable
Civil Court, _Dehradunagainst Caveator in connection with the Loan granted to Shri
ShyamNayakby the Opponent Bank without due notice of the proposed Suit/Application to the
Caveator above-named.

2. The address of the Caveator for service of notice/summons of the proposed suit/application
of the Opponent above named is as per the title clause of this application.

3. The Caveator undertakes to serve a copy of this application by Registered Post A.D. to the
Opponents above-named.

4. Fixed Court fees stamp is affixed to the Caveat application.

Filed in the Court On25.10.2019

PLACE: Dehradun

CAVEATOR
Advocate for Caveator
SanghamitraKhawas

29
 AFFIDAVIT

FACTS:

Draft, on behalf of the respondent wife, a notice of motion, along with an

affidavit in support thereof, in and for custody of a minorgirl.

IN THE FAMILY COURT AT GAYA

NOTICE OF MOTION NO. 80 OF 2019

IN

MATRIMONIAL PETITION NO: 101 OF 2010

Sushmita ………Petitioner

Vs.

Gautam ……Respondent.

I sushmitha of Tirupati, Hindu Indian inhabitant residing at T.K. Street,

4th Road, gaya, do hereby solemnly affirm and say as follows.

(1) I say that I was married to the respondent on 01.04.2009 at patna

according to traditional Hindu rites until 2010. I had cohabited with the
respondent at Gaya and had a son Rahul by the said marriage. The said
Rahul is now 5 years ofage.

(2) I say that until November 2010, our matrimonial life was quite happy
and harmonions. Thereafter, the respondent took to heavy drinking and
began to show disgust, contempt and neglect towards me and towards
the saidRahul.

(3) I say that the respondent has physically assaulted me on several

occasions and is guilty of gross cruelty as more particularly stated in my
petition.Ifurthersaythattherespondentisalsoguiltyofdesecrating

30
me as stated more fully in the said petition. I say that I have therefore prayed for
a dissolution of the said marriage in the said petition.

(4) I say that I am a housewife with no independent source ofincome.

I further say, that the respondent is the Branch Manager of Indian

Bankand is drawing a monthly salary of 40000/-

(5) I say that I am clearly attached to the said Rahul and fear physical,
assaults on him by the said respondent if hiscustody.

(6) I therefore submit that this notice of motion be made absolute withcosts.

Solemnly Affirmed at Gaya. Susmitha

This 2nd December, 2010 Before me
Registrar/ Superintendent
Advocates for the petitioner Civil Court, Gaya.

31
 WRIT OF HABEAS COPRUS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Writ Petition No 121 /2019

Under Articles 226 of Constitution of India

Mr. A
Age: 31 year
Occupation: Farmer
R/at: PIRO
Through Smt Jyoti Mishra
Age: 29
Occupation: House
R/at:
As next friend
Petitioner

V/s

State of Bihar
District Magistrate (Place)
Superintendent Dist Jail ARA

Respondents

To Hon'ble Chief Justice and his Companion judges of the High Court of Judicature PATNA

This Humble petition of the Petitioner above named most respectfully shweth praying for a
writ of Habeas Corpus or such other.

(1) That the Petitioner is a respectable and law abiding citizen of India and was arrested by
Ajay Devgan Sub Inspector of PIRO police station at Bhojpur (Ara).

(2) That on 8 November 2019, the police authorities produced this Petitioner before the
judicial magistrate at Piro Civil court without complettion and relevant papers. The police
authorities did not produce FIR, Case Dairy or extract of other relevant entries etc.

(3) That inspite of such serious lapses on the part of the police authorities to submit all the
relevant documents and details pertaining to the arrest of this Petitioner the Judicial Magistrate
First class court, without calling for the relevant papers and details and without any enquiry
regarding the same and without any judicial application of the mind, the Hon'ble Magistrate
mechanically passed an order remanding the Petitioner to Police custody for a period of seven
days.
32
(4) That thereafter the Petitioner was again produced before the said magistrate on 10
November 2019 date by the Police and false allegations orally were made orally against the
Petitioner by the Police Authorities. On this date also the Police authorities failed and
neglected to produce the case dairy before the Hon'ble Magistrate and once again the
Magistrate passed an order without application of mind thereby remanding the Petitioner to
judicial custody for a period of fourteen days.

(5) The petitioner states that the Petitioner should have been produced before the Magistrate
on6 November 2019 date as per the order passed below Exhibit 13 November 2by the Judicial
Magistrate. However the Petitioner has not been produced at all before the Magistrate even
after the expiry of the Order of the Judicial Custody and the said detention is in direct
violation of Fundamental rights and therefore the Petition has approached this Hon’ble Court
for a writ of Habeas Corpus or other appropriate writ, order or direction directing the
Respondents to release the Petitioner inter alia on the following grounds:

(a) The orders passed by the Magistrate on remanding the Petitioner to Police custody
in the absence of relevant papers and documents is not legal and valid and came is not
in accordance with the provision of section 167 of Criminal Procedure Code.

(b) The Order dated 13 november 2019 remanding the Petitioner to the Judicial
Custody without any just and legal grounds is again not in accordance with law.

(c) The failure to produce the Petitioner before the Magistrate on 15 november i.e.
when the judicial custody ended has deprived the Petitioner of his fundamental right
enshrined under Article 21 of the Constitution of India i.e. the fundamental right to
Liberty. Thus the said detention of this Petitioner is absolutely illegal.

(6) That the said Petitioner namely Mr. “A” is unable to present a Petition for a writ of Habeas
Corpus personally and thus the Petition is presented through next friend Mrs. Jyoti Mishra i.e.
the wife of the Petitioner.

(7) It is therefore prayed that

(a) A writ of Habeas Corpus be issued against the Respondents for production of the
Petitioner in the Hon'ble Court.
(b) The detenue be set at liberty forthwith.
(c) Direct that the Petitioner be awarded costs of this petition
(d) To pass such other and further orders and grant such other and further reliefs as
Hon’ble Court may deem just, fit and proper in the circumstances of the case. And tor
this act of kindness you Lordship s Petitioner, as in duty bound shall pray.

An affidavit in support of the Petition is filed herewith

Next friend of Petitioner

Adv. S.K Nikam

Date 19 November 2019

Place: Patna

33
EXERCISE-7

MODELFIR

(First Information Report)

(Under Section 145 & 157 Cr.P.C.)

1. Patna District, Pir-Bahor Police, 2019, FIR No. 102, Date: 15-04-2019

2. (i) Act ………………………….. Sections : ……………………………

(ii) Act ………………………….. Sections : ……………………………

(iii) Other Acts & Sections: ……………………………………………

3. (a)OccurrenceofOffice:March,31st,Monday,Nightbetween10.30to
11.00 pm

(b) Information received from Ajay Kumar and Naresh Babu at the Police
Station about 11.25 pm, 31st March,2019.

(c) General Diary Reference Entry No(s): 42, Time: 11.30 pm 31st March,
2019.

4. Type of Information : Written/Oral

5. (a) Place of Occurrence : Gandhi Maida, Patna.

(b) Address –near vishkoman,800003,Pir-Bahor Police Station Limits.

6. Complainant/Informant

(a) Name: AjayKumar,

(b) Father‟s Name: B.K.Rai

(c) Date/ Year of Birth: 24-10-1994

(d) Nationality:Indian

(e) Passport No ………. Date of issue………… Place of issue……….

(f) Occupation:Business

(g) Address: G-17, Gandhi Maidan, Patna.

34
7. Details of known/ suspected/ unknown/ accused with full particulars.
(Attach separate sheet ifnecessary)
…………………………………………………………….
8. Physical features deformities and other details of the suspect:
……………………………………………………………………
9. Contents of the Complaint/ Statement of the complainant or informant
(Attach separate sheets, ifrequired).
10. Action taken. Since the above report reveals commission of offence (s) u/S
as mentioned at Item No.2
Registered the case and took up the investigation/ directed ………………
Rank ......................... to take up the investigation
FIR read over to the Complainant/ Informant, admitted to be correctly
recorded and a copy given to the Complainant/ Informant free of cost.

Signature of the Officer-in-charge Police Station

XXXXX
Pir-bahor PoliceStation,
Patna.

35
 Deed of Partnership

This deed of partnership is made on [11/11/2019] between:

1. Sonu Kumar Nikam, Son/Daughter of [Mr. Hareram Sah], residing at [ VILLAGE+ Post
, Dhanauti, P.S Charpokhari, District Bhojpur (Ara), PIN 802207] hereinafter referred to
as FIRST PARTNER.
2. Atul Agnihotri, Son/Daughter of [Mr. Aditya Agnihotri], residing at Village + post
Nagari, P.S Piro District Bhojpur (Ara), PIN 802134. hereinafter referred to as SECOND
PARTNER.
3. Puspanjali Sharma, Son/Daughter of [Mr. Archit Virendra Sharma], residing at P.C
Colony , Bazar samiti, Patna, PIN 804532] hereinafter referred to as THIRD PARTNER.
4. Sankalp Raj, Son/Daughter of [Mr. Sashi Bhushan Prasad], residing at [Adarsh Nagar
Samastipur, Bihar Pin 801123] hereinafter referred to as FOURTH PARTNER.

Whereas, the parties hereto have agreed to commence business in partnership and it is
expedient to have written instrument of partnership. Now this partnership deed witnesses as
follows:

1. BUSINESS ACTIVITY
The parties here to have mutually agreed to carry on the business of Motor vechile Insurance
Which provides loan to purchase the four Vechile.

2. PLACE OF BUSINESS
The principal place of the partnership business will be situated at [ P.C colony, Boring Road,
Patna 804432.

3. DURATION OF PARTNERSHIP
The duration of the partnership will be at will.

4. CAPITAL OF THE FIRM

Initially the capital of the firm shall be Rs. [2,0000000].

5. PROFIT SHARING RATIO

The profit or loss of the firm shall be shared equally among all the partners and transferred to

36
partner’s current account.

6. MANAGEMENT
The [Sonu Kumar Nikam] of the firm shall be Managing Partner and he will look after all the
day to day transaction of the firm and any legal activities in the name of the firm and the
remaining partners shall co-operate to do so.

7. OPERATION OF BANK ACCOUNTS

The firm shall open a current account in the name of Nikam & Nikam Finance Pvt Ltd.] at any
bank and such account shall be operated by [Sonu Kumar Nikam] and [Atul Agnihotri] jointly
as declared from time to time to the Banks.

8. BORROWING
The written consent of all Partners will be required for the partnership to avail credit facilities
from any financial institution.

9. ACCOUNTS
The firms shall regularly maintain in the ordinary course of business, true and correct accounts
of all its transactions and also of all its assets and liabilities, the property books of account,
which shall ordinarily be kept at the firm’s place of business. The accounting year shall be the
financial year from 1st April onwards and the balance sheet shall be properly audited and the
same shall be signed by all the Partners. Every Partner shall have access to the books and the
right to verify their correctness.

10. RETIREMENT
If any partner shall at anytime during the subsistence of the partnership, be desirous of retiring
from the firm, it shall be competent from his to do so, provided he shall give at least one
calendar month notice of his intention of doing so. The remaining partner shall pay to the
retiring partner or his legal representatives of the deceased partner, the purchase money of his
share in the assets of the firm.

11. DEATH OF PARTNER

In the event of the death of any partners, one of the legal representatives of the deceased
partner shall become the partner of the firm and in the event the legal representative show

37
their denial to point the firm, they shall be paid the part of the part of the purchase amount
calculated as on the date of the death of the partner.

12. ARBITRATION
Whenever there by any difference of opinion or any dispute between the partners the partners
shall refer the same to an arbitration of one person. The decision of the arbitration so
nominated shall be final and binding on all partners, such arbitration proceedings shall be
governed by Indian Arbitration Act, which is in force.

In witness whereof, this deed of partnership is signed sealed and delivered this [11/11/2019] at
[Boring Road Patna]:

FIRST PARTNER SECOND PARTNER

VILLAGE+ Post , Dhanauti, Village + post Nagari, P.S Piro
P.S Charpokhari, District Bhojpur (Ara),
PIN 802134. District Bhojpur (Ara),
PIN 802207]

THIRD PARTNER FOURTH PARTNER

P.C Colony , Bazar samiti,
Patna, PIN 804532. Adarsh Nagar Samastipur, 803212

WITNESS ONE WITNESS TWO

Abhisekh Pandey, Patna. Tanay Akash, Bhagalpur.

38
 CONVEYANCING DEEDS
SALE DEED OF A HOUSE
Facts

Mahesh wants to purchase house from K. Nirmal at the rate of 1,50,000

Draft a sale deed

This sale deed entered into between G. Mahesh, S/o. G. Ramesh Babu
(herein after called the Vendee) on this 13 days of September, 2010.

Now this Sale deed witnesses as follow:

1. This in consideration of an amount of Rs. 1,50,000 paid by the Vendee

to the Vendor on 13.09.2019, the receipt where of is hereby
acknowledged, the vendor the owner of the property detailed in the
schedule here to, does hereby transfer to the Vendee by way of seek of
the property (or house) so chetarted in the schedulehereto.
2. The vendor hereby agrees withVendee.
a. That the sold premises shall be held and enjoyed by the Vendor
absolutely as full owner of the property without any interference
by an anybodywhatsoever.
b. That the vendee shall be entitled to receive rents, profits and
other incomes in respect of the sold premises without any
interruption byanybody.
c. That the Vendor shall execute and perform every such act of
assurance necessary for more assuring the said premises to the
vendee, his heirs legal representatives and assignees etc. at the
expense of the person so requiring him to execute apaper.
3. That for the purpose of construction the expression „Vender‟and
„Vende‟ shall include their legal representatives successor and
assignees etc.

In Witnesses XXXXX (Vendor)

1. XXXXXX XXXXX (Vendee)
2. XXXXXX

39
 SCHEDULE

Gaya Town, Gaya Municipality situated at Near BIG Bazaar, Housing

bearing No: 31-14.

East : House of Murali Mohan

South : Sabji Bazaar

West : House ofBala jee

North : House of Rajeswari devi

XXXXX

Vendor

40
 MORTGAGE DEED
FACTS
Mr. sudhanshu wanted to take a loan of Rs. 4,00,000 from Mr. Vikram
by keeping security of his property to the Vikram as Mortgage and received the
loan amount on 15th April, 2014.
DRAFT A MORTGAGE DEED
This deed of mortgage dated this, 15.04.2014 executed by Sudhanshu,
Son-in-law of Nalinikant, aged 30 years residing at phool garden, D.No. 31-
23- 11, Ranchi (herein after called the mortgage) of the one part and infavour
of Vikram.
The Mortgagor has borrowed a sum of Rs. 4,00,000 (Rupees four lakhs
only). This day from the mortgagor agreeying to repay the same with interest
at 24% per annum to the mortgage or his order ondemand.
The mortgage hereby offers the house property morefully described in
the schedule hereunder as security for the due repayment of the loan.
In the event of the mortgage failing to repay the loan as agreed upon, the
mortgage shall be at liberty to bring the schedule mentioned property to same,
by filing a suit foreclosing the mortgage and appropriate the same proceeds
towards the belt.
SCHEDULE
Chennai City Sub Register, Roya Peta, Gemini Bridge circle H.No. 31-
23-11, Poes Garden, East to West 70 feet North to South 60 feet.
TotalExtent : 2,700 square feet
East : House ofJaya
North : MainRoad
West : Mess
South : House of
SantuWitness
1. XXXX (Surya)
2. XXXX (Vijaya)
XXXXX
Mortgagor

41
 LEASE DEED

FACTS

Akash Khanna intends a lease out a building to Prem Kumar at a

monthly rent of Rs. 1000/- for a period on the termination of tenancy.

DRAFT A LEASE DEED

DEED OF LEASE

Made on 18.03.2014 between Akash, S/o. Nagaraj, aged 50 years a

small industrialist residing at 863, Dak Bunglow, Siwan (hereinafter called “the
lessor‟s which expression where the content to administers shall mean and
include his heirs executors administrators, representatives and assigns) of the
first part and Premkumar, S/o. Rajesh aged 38 years now working as the
Manager of the Indian Bank (herein after called the lessee) of the other part.

Whereas the lessor had agreed to give by lease the building more fully
described in the schedule here under of which the lessor is in absolute
ownership and possession and whereas the lessor had agreed to pay a monthly
rent Rs. 100/- with an advance of Rs. 5000/- repayable on the termination of
thetenancy

The Lessee hereby convents and agrees with the lessor as follows.

1. The lessee shall pay the monthly rent of Rs. 1000/- on before the 5th of
every month for which he is entitled to obtain receipt thereof from the
landlord.
2. The Lessee shall use the said building for the residential purpose of
himself and hisfamily.
3. The Lessee shall not sublet the house or any part of it without the writers
permission of thelessor.
4. The lessee shall be responsible for the unkeep of the premises is good
and proper order effecting all minor repairs at hiscost.

42
 5. The lessee shall not be permit any part of the premises to be used for any
purpose other than that of a private dwellingpurpose.
6. The lessee shall not cut down any of the trees now or at anytime here
after growing on the premises without the previous consent of thelessor.
7. The lessee shall always permit the lessor or agents or servants, defects
have been happened or caused by the act or emission on the part of the
lessee.

The lessor reserves his rights to renew the lease period further 3 years
after the terminations of these lease period provided the lessee keeps the
premises in good and substantial order without any default of rent and other
covenants.

The lessee shall be in an absolute possession and enjoyment of the

premises as a tenant without any interruptions from anybody.

IN WITNESSETH THERE OF

The lessor and lessee having agreed upon the convenant have sent their
hands in the presence of the witnesses on the 10th day of May, 2014.

WITNESSESS:-
1. xxxxxx(Gajendra) XXXX(Lessor)
2. xxxxxx(Amar singh) XXXX(Lessee)

43
 GIFT DEED

FACTS

Gautam intends to denote all his estate comprising land and buildings to
his daughter Anusha in consideration of the natural love and affection he has
forher.

DRAFT A GIFT DEED

This deed of Gift made on the 30th day of November: two thousand
Twelve (30.11.2012). This deed of Gift executed by Sri Gautam, S/o. Vijaya
Krishna, Hindu, aged about 70 years, Rtd District Collector, residing at 13-13-
2323 Road, No: 20, Nacharam, Patna (here in after called Donor) includes his
heirs executors administrators) on ONE PART in favour of his only daughter
by name Anusha, N/o. Akash Pratap, Hindu aged about 32 years, House wife
residing at 31-14-14, Danayya Street, Patna (here in after called as a Donee) of
otherpart.

WHERE as the Donar is a old man, having only one daughter Anusha
and no male issues and the done and her husband are looking after him at this
old age intend to gift the house No. 13-13-2323 Road No.20, Nacharam, Patna,
out of love and affections and others good causes as consideration.

Whereas the donor is the absolute owner of the house bearing D.No. 13-
13-2323, Road No.20, Nacharam, patna at present market value of
Rs.7,00,000/- with measurement of total 2,500 per feet i.e. east to west go feet
and North to South 60 feet with the boundaries mentioned in the Schedule
grants the said building by way of gift to Donee forever and the Donee here in
shall enjoy the property with absolute rights as the owner collect rents and pay
electric bill, house tax, water tax and other dues to the government here in as
absolute owner without any interruption from the donor or any other perform.

44
 IN WITNESSETH THERE OF THE DONOR has set his hand in the
presence of witnesses on this the 30th day of November two thousand in 2012 at
Patna.

SCHEDULE

Patna District, Patna City, P.M. Corporation, Nacharam Road No. 20,
D.No. 13-13-2323 with the following boundaries.

East : House of the donor D.No. 13-13-2323

West : House of Branch Manager

West : House of MajorRaman

South: MainRoad

With doors, door, frances, electricity, connections with meter, bore well
will ½ H.P. Jet Pump. 1 Mango 2 guava, coconut trees etc.

WITNESSES:

(1) XXXXX (SureshRao)

(2) XXXXX (NageshRao)
XXXXX
Donor

45
46