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    ### Draft Memorial For Chand Diwan (Petitioner/ Appellant)

    Uploaded by

    Rukhsar Khan

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    ### Draft Memorial For Chand Diwan (Petitioner/ Appellant)

    Uploaded by

    Rukhsar Khan
    3 views3 pages

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    ### Draft Memorial for **Chand Diwan** (Petitioner%2F Appellant)

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    3 views3 pages

    ### Draft Memorial For Chand Diwan (Petitioner/ Appellant)

    Uploaded by

    Rukhsar Khan

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    ### Draft Memorial for **Chand Diwan** (Petitioner/ Appellant)

    ---

    **IN THE HONORABLE SUPREME COURT OF INDIA**

    **CIVIL APPELLATE JURISDICTION**

    **SPECIAL LEAVE PETITION (CIVIL) NO. [________] OF 2024**

    **BETWEEN**

    **Chand Diwan**,
    Petitioner/ Appellant

    **VERSUS**

    **Jawaharlal Dhawan**,
    Respondent

    ---

    **MEMORIAL FOR THE PETITIONER/APPELLANT**

    ---

    **MOST RESPECTFULLY SHOWETH:**

    ### 1. **Introduction and Background of the Case**

    This case involves a dispute regarding a contract between the Petitioner, **Chand Diwan**, and
    the Respondent, **Jawaharlal Dhawan**, concerning the sale of immovable property. The
    petitioner claims that the respondent has breached the terms of the agreement, leading to
    significant financial and reputational damage.

    ### 2. **Facts of the Case**


    - On [date], the Petitioner and the Respondent entered into an agreement for the sale of
    [property description].
    - The Petitioner fulfilled all his obligations under the contract, including the payment of
    [consideration amount] on [date].
    - The Respondent, despite receiving the agreed consideration, failed to transfer the property to
    the Petitioner within the stipulated time.
    - Multiple attempts to communicate with the Respondent were made, but the Respondent
    avoided the completion of the transaction and reneged on his commitments.

    ### 3. **Issues for Determination**


    - **Issue 1**: Whether the Respondent’s failure to transfer the property constitutes a breach of
    contract.
    - **Issue 2**: Whether the Petitioner is entitled to specific performance of the contract.
    - **Issue 3**: Whether the Petitioner is entitled to damages for the loss incurred due to the
    breach.

    ### 4. **Legal Arguments**

    **Issue 1: Breach of Contract**


    - It is a well-established principle that a breach of contract occurs when one party fails to fulfill
    their obligations as agreed. In the present case, the Respondent’s failure to transfer the property
    within the agreed timeframe constitutes a clear breach of the contract.
    - Reference to **Section 73** of the Indian Contract Act, 1872, which provides that the injured
    party is entitled to compensation for any loss or damage caused by the breach.

    **Issue 2: Entitlement to Specific Performance**


    - The Petitioner is entitled to specific performance of the contract, as the property in question is
    unique, and monetary compensation would not be an adequate remedy.
    - The Petitioner relies on **Section 10** of the Specific Relief Act, 1963, which allows the court
    to order specific performance when compensation is insufficient.
    - In support of this, we refer to **Lal Chand vs. Panakkal Puthran** (2006) 1 SCC 712, where the
    Supreme Court held that specific performance is an appropriate remedy when the contract
    involves the sale of unique property.

    **Issue 3: Entitlement to Damages**


    - The Petitioner has suffered financial losses due to the Respondent’s breach of contract. As per
    **Section 73** of the Indian Contract Act, 1872, the Petitioner is entitled to damages for the loss
    sustained.
    - The damages should include compensation for the increase in the property value that the
    Petitioner would have benefited from had the contract been completed.

    ### 5. **Conclusion**
    - In light of the arguments above, the Petitioner respectfully submits that the Honorable Court
    should order specific performance of the contract, direct the Respondent to transfer the
    property to the Petitioner, and award damages for the financial loss sustained due to the
    Respondent's breach.

    ---

    **PRAYER**

    In view of the facts and circumstances of the case, it is humbly prayed that this Hon’ble Court
    may be pleased to:
    1. Direct specific performance of the contract dated [date].
    2. Award damages to the Petitioner for the losses sustained due to the Respondent’s breach of
    contract.
    3. Pass such other orders as this Hon’ble Court deems fit and proper in the interest of justice.

    ---

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