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Moot - P (AutoRecovered)

This document is a memorial for a moot court case involving Mr. Ajay Verma as the plaintiff against Mr. Bhushan Singh and Mr. Arun Kumar as defendants. The case addresses issues of property ownership, the validity of a sale deed, and whether the suit is barred by limitation. The plaintiff argues that he is the rightful owner of the property and that the sale deed should be declared void due to fraudulent transfer.

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11 views11 pages

Moot - P (AutoRecovered)

This document is a memorial for a moot court case involving Mr. Ajay Verma as the plaintiff against Mr. Bhushan Singh and Mr. Arun Kumar as defendants. The case addresses issues of property ownership, the validity of a sale deed, and whether the suit is barred by limitation. The plaintiff argues that he is the rightful owner of the property and that the sale deed should be declared void due to fraudulent transfer.

Uploaded by

mariakhan200131
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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JSS LAW COLLEGE – MOOT COURT – V SEM LLB

JKT22029

JSS LAW COLLEGE MOOT COURT – V SEMESTER LL. B, 2024-2025

IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) AT GURUGRAM

O.S. NO: OF 2024

PLAINTIFF : MR. AJAY VERMA


S/O KUNAL VERMA
R/A #

v.

DEFENDANTS : 1. MR. BHUSHAN SINGH


S/O CHANDEL SINGH
R/A #

2. MR. ARUN KUMAR


S/O VARUN KUMAR
R/A #

WRITTEN SUBMISSION ON BEHALF OF THE PLAINTIFF

COUNSEL OF PLAINTIFF PLAINTIFF

Sd/- Sd/-

MEMORIAL ON BEHALF OF THE PLAINTIFF


JSS LAW COLLEGE – MOOT COURT – V SEM LLB

TABLE OF CONTENT

SL.NO PARTICULARS PAGE NO

1. TABLE OF CONTENTS i
2. LIST OF ABBREVIATIONS ii
3. INDEX OF AUTHORITIES iii

 BOOKS
 LEGISLATIONS
 LEGAL DATABASES

4. TABLE OF CASES iv
5. STATEMENT OF JURISDICTION v
6. STATEMENT OF FACTS vi
7. ISSUES vii
8. SUMMARY OF ARGUMENTS viii
9. ARGUMENTS ADVANCED

1. WHETHER MR. AJAY VERMA IS THE RIGHTFUL 1-


OWNER OF THE PROPERTY IN DISPUTE.

2. WHETHER THE SALE DEED EXECUTED BETWEEN


MR. ARUN KUMAR AND MR. BHUSHAN SINGH
SHOULD BE DECLARED VOID AND CANCELLED.

3. WHETHER MR. ARUN KUMAR CAN BE


CONSIDERED A BONA FIDE PURCHASER FOR
VALUE WITHOUT NOTICE.

4. WHETHER THE SUIT FILED BY MR. AJAY VERMA


IS BARRED BY LIMITATION.

10. PRAYER x

MEMORIAL ON BEHALF OF THE PLAINTIFF


LIST OF ABBREVIATION

& And

% Percentage

st First
1
nd Second
2
AIR All India Reporter

Art. Article

CPC Code of Civil Procedure

Ed. Edition

Hon’ble Honourable

i.e., That is

TP Act Transfeer of Property Act, 1882

ICA Indian Contract Act, 1872

No. Number

Ors. and Anr. Others

Pg. Page

SC Supreme Court

SCC Supreme Court Cases

SCR Supreme Court Reports

Sec. Section/s

U.O. I Union of India

u/s Under Section

v. Versus

Vol. Volume

ii
MEMORIAL ON BEHALF OF THE PLAINTIFF
INDEX OF AUTHORITIES

BOOKS REFFERED:

B. LEGISLATIONS AND REGULATIONS

C. LEGAL DATABASE

1. Manupatra.
2. SCC Online.
3. All India Reporter.

iii

MEMORIAL ON BEHALF OF THE PLAINTIFF


TABLE OF CASES

SL.NO NAME OF THE CASE CITATION


1.

2.

iv

MEMORIAL ON BEHALF OF THE PLAINTIFF


STATEMENT OF JURISDICTION

v
MEMORIAL ON BEHALF OF THE PLAINTIFF
STATEMENT OF FACTS

vi
MEMORIAL ON BEHALF OF THE PLAINTIFF
ISSUES

I. WHETHER MR. AJAY VERMA IS THE RIGHTFUL OWNER OF THE


PROPERTY IN DISPUTE?

II. WHETHER THE SALE DEED EXECUTED BETWEEN MR. ARUN


KUMAR AND MR. BHUSHAN SINGH SHOULD BE DECLARED
VOID AND CANCELLED?

III. WHETHER MR. ARUN KUMAR CAN BE CONSIDERED A BONA


FIDE PURCHASER FOR VALUE WITHOUT NOTICE?

IV. WHETHER THE SUIT FILED BY MR. AJAY VERMA IS BARRED BY LIMITATION?

vii
SUMMARY OF ARGUMENTS

I. WHETHER MR. AJAY VERMA IS THE RIGHTFUL OWNER OF THE


PROPERTY IN DISPUTE?
The plaintiff is the actual owner of the said property, and it has been devolved to
him from his ancestors. The property had been illegally transferred to Mr.
Bhushan Singh by fraudulent means because of which he retains no right to sell
the same. The plaintiff was unaware of the fraudulent transfer until recently when
he stumbled upon the sale deed during a visit to the Sub-Registrar's office.

II. WHETHER THE SALE DEED EXECUTED BETWEEN MR. ARUN KUMAR
AND MR. BHUSHAN SINGH SHOULD BE DECLARED VOID AND
CANCELLED?
The sale deed executed between Mr. Arun Kumar and Mr. Bhushan Singh should
be declared void and has to be cancelled for the reasons that Mr. Bhushan lacked a
proper and true title over the property and thus had no right whatsoever to create a
third party interest in the said property.

III. WHETHER MR. ARUN KUMAR CAN BE CONSIDERED A BONA FIDE


PURCHASER FOR VALUE WITHOUT NOTICE?
Mr. Arjun Kumar cannot be considered as a bona fide purchaser for value without
notice as he hasn’t exercised due diligence while purchasing the land. He hasn’t
enquired enough regarding the title of the property.

IV. WHETHER THE SUIT FILED BY MR. AJAY VERMA IS BARRED BY


LIMITATION?
The suit filed by the plaintiff is not barred by limitation as the cause of action
arose recently when the plaintiff came across the sale deed on his recent visit to
the sub- registrar’s office.
1
ARGUMENTS ADVANCED

I. WHETHER MR. AJAY VERMA IS THE RIGHTFUL OWNER OF THE


PROPERTY IN DISPUTE?

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