IN THE COURT OF CIVIL JUDGE (S.D.

) DEHRADUN
Original Suit No of 2013

SHRI DWIJENDRA TRIPATHI, Son of Sh. Dhananjay Ram Tripathi,

Resident of Village & Post Office Soha, Gora, District Gorakhpur, (Uttar
Pradesh).
……………….Plaintiff

Versus

1. SHRI SIMRANPREET SINGH, Son of Late Sardar Manjeet

Singh, Resident of 107, Nehru Colony, Dehradun, Uttarakhand.

2. SHRI HARPREET SINGH, Son of Late Sardar Manjeet Singh,

Resident of 107, Nehru Colony, Dehradun, Uttarakhand.

3. SMT. RANJEET KAUR, Wife of Late Sardar Manjeet Singh,

Resident of 107, Nehru Colony, Dehradun.
……………….Defendants

Sir,

The Plaintiff begs to submit as follows:

1- That Late Sardar Harnam Singh, Son of Sardar Narayan

Singh, Resident of Ajabpur Kalan, Dehradun met the plaintiff and
assured him that he is absolute owner of the land bearing Khasra
no. 68 measuring 0.45 acre or 1821 sq. meter (approx.) situated at
Mauja
 Ajabpur Kalan, Pargana Central Doon, Dist Dehradun and he had
unrestricted and transferable right in the said land. He further
alleged that the said land is free from all encumbrances, charges,
lien, attachment etc. and there is no impediment or legal hurdle of
any kind in transferring the said land.
2- That on the assurance of Late Sardar Harnam Singh, the
Plaintiff agreed to purchase the said land bearing Khasra no. 68
(New Khasra No. 746) measuring 0.45 acre or 1821 sq. meter
(approx.) situated at Mauja Ajabpur Kalan, Pargana Central Doon,
Dist Dehradun, morefully described in the schedule given at the
foot of this plaint and hereinafter referred the land in suit, from said
Late Sardar Harnam Singh on the terms as agreed upon.
3- That in pursuance thereof an agreement dated 06 October
2006 duly registered in the office of Sub-Registrar-I, Dehradun in
Book No. 1, Volume 1337, on pages 1914, ADF Book No. 1,
Volume 1719 at pages 339 to 350 at Serial No. 9527 on 06-10-
2006, was executed between said Sardar Harnam Singh and the
Plaintiff. The salient terms of the said agreement are as follows:-
i) The First Party (Sardar Harnam Singh) shall sell all
that land described in the schedule (land in suit) for total
consideration of Rs 35,00,000/- (Rs. Thirty Five Lacs) out of
which the second party (plaintiff) has paid a sum of Rs.
23,00,000/- (Twenty Three Lacs) in the following manner to the
First Party (Sardar Harnam Singh) as advance – earnest money,
the receipt of which is hereby acknowledge by the First Party
(Sardar Harnam Singh).
a) Rs. 4,00,000/- vide cheque no. 497053 dated
20.09.2005 of ICICI Bank Ltd., Lucknow.
b) Rs. 2,50,000/- paid in cash on 10.05.2005.
 c) Rs. 16,50,000/- paid in cash on different dates.
Remaining balance payment of Rs. 12,00,000/- shall be paid on
or before 10.01.2007 at the time of execution of sale deed.
ii) Time can be further extended with mutual consent of
both the parties.
iii) That the First Party (Sardar Harnam Singh) hereby
assures the second party (plaintiff) that there is no impediment
or legal hurdle of any kind in transferring of said land and he
holds unrestricted rights to alienate the same.
iv) The sale shall be free from all encumbrances, charges,
liens, demands, mortgages, court or other attachments etc. and
the possession shall be given at the time of the execution of sale
deed.
v) All the stamp paper charges Typing charges, Advocate
fees and other misc. charges will be borne by the second party
(plaintiff).
vi) That the second party (plaintiff) shall have a right to
nominate the person(s) of his choice to get execute the Sale
Deed(s).
vii) Event of failure of the first party Sardar Harnam Singh to
perform his part of contract the second party (plaintiff) shall
have right to get the sale deed of the said land executed by court
of law by specific performance of the contract.
viii) In the said agreement it is mentioned that the first party
(Late Sardar Harnam Singh) and the second party (plaintiff)
shall include unless repugnant to context their respective heirs,
legal representatives, executors or successors in interest and
assigns.
4- That the said agreement was executed on the Stamp Papers of Rs.
2,20,000/-. The plaintiff incurred expenses of Rs. 2,50,000/-
(Rupees Two Lacs Fifty Thousand Only) on stamp-duty,
registration charges, Professional Charges and other Misc.
Expenses on the said agreement to sell dated 06.10.2006.
5- That the said agreement to sell is in respect of immovable property,
hence under law or otherwise, time was not the essence of the
contract.

6- That after execution of the aforesaid agreement, the Plaintiff had

come to know that the land in suit was not recorded in the name of
Late Sardar Harnam Singh in the revenue records. It further comes
into the knowledge of the Plaintiff that there is a dispute/litigation
pending in respect of the land in suit between U.P. Avas & Vikas
Parishad and Late Sardar Harnam Singh.

7- That these facts were concealed by Late Sardar Harnam Singh at

the time of execution of the said agreement. On coming into
knowledge of the aforesaid facts the plaintiff enquired from Late
Sardar Harnam Singh, who assured that he could execute the sale
deed in favour of the plaintiff only after final adjudication of the
dispute/litigation in respect of the land in suit and after his name is
recorded in revenue record.

8- That vide order dated 21.08.2009 of Hon’ble High Court of

Uttarakhand at Nainital, Writ Petition No. 1861 of 2007, Sardar
Harnam Singh Vs. Uttar Pradesh Avas Vikas Parishad was decided
in favour of Sardar Harnam Singh and subsequently aggrieved
from the said order, the UP Avas & Vikas Parisad had filed Special
 Leave Petition before the Hon’ble Supreme Court of India which
was also dismissed by the Hon’ble Supreme Court of India vide its
order dated 15.01.2010.

9- That Sardar Harnam Singh had all along been assuring the plaintiff
that he will execute the sale deed in his favour of the land in suit
after his name is mutated in the revenue records. Unfortunately
Sardar Harnam Singh had expired in February 2010.
10- That in the month of February 2011, it came to the notice of the
plaintiff that vide order dated 03.07.2010 of SDM, Dehradun and
in pursuance of the order dated 21.08.2009 passed by the Hon’ble
High Court of Uttarakhand, Nainital in writ petition no. 1861 of
2007, name of defendant No. 1 and 2 as heirs of Late Sardar
Harnam Singh was recorded in respect of the land in suit in
revenue records.
11- That thereafter the plaintiff contacted the defendants and requested
them to get the sale deed of the property in suit executed in his
favour, however the defendants had sought some time for the same.
12- That on 04.03.2011 the plaintiff had again met the defendants and
requested the defendants to get the sale deed of the land in suit
executed in his favour, but the defendants refused to execute the
sale deed of the land in suit in favour of the plaintiff.
13- That on 05.03.2011 a notice was served by the plaintiff through
Shri T.S. Bindra, Advocate upon the defendants whereby the
defendants were called upon to fix a date for execution of sale
deed, so that the plaintiff can purchase the stamp papers and gets
the sale deed executed and registered in his favour. In the said
notice it was also informed that in case the defendants failed to
perform their part of the contract, the plaintiff shall be forced to
 initiate the legal proceedings, including the institution of the Suit
for Specific Performance of Agreement of Sale against the
defendants at there cost, risk and responsibility.
14- That the said notice was duly served on defendants but the
defendants have failed to comply the demands made therein, rather
sent a reply dated 11.04.2011, wherein the defendants have
admitted that the registered agreement to sell was entered in to
between the plaintiff and Late Sardar Harnam Singh (grand father
of the defendant No. 1 and 2 and father in law of defendant No. 3)
for the sale of land in suit. The defendants further admitted the fact
of receiving earnest money. However the defendants with
malicious intention and with intention to usurp the amount of
earnest money paid by the plaintiff to Late Sardar Harnam Singh
have fraudulently, falsely and wrongly stated that only amount of
Rs. 4,00,000/- was paid by the plaintiff at the time of the entering
to the agreement and no further amount was received by Late
Sardar Harnam Singh in regard to sale of land in suit. However it is
pertinent to mention here that Late Sardar Harnam Singh have
never during his life disputed the fact regarding the receipt of Rs.
23,00,000/- as earnest money. It was further wrongly alleged by the
defendants that time was essence of the agreement and as the sale
deed was not executed by or on 10.01.2007, the execution of sale
deed is elapsed by efflux of time.
15- That thus the defendants refused to honour their part under the
agreement to sell dated 06-10-2006, hence this suit.
16- That the plaintiff has paid major amount of sale consideration and
the plaintiff has always been eager ready and willing to perform his
part of the contract, which was performed by him and is still ready
 and willing to perform his part under the said contract, but the
defendants failed to perform their part under the contract.
17- That in the last week of March 2013, the plaintiff came to know
that the defendants are contemplating sale of the land in suit to
prospective third parties. The defendants have no right to transfer
or alienate the said property to any person except the plaintiff.
18- That the plaintiff is entitled a decree of specific performance of the
agreement of sale dated 06-10-2006 duly registered in the office of
Sub-Registrar-I, Dehradun in Book No. 1, Volume 1337, on pages
1914, ADF Book No. 1, Volume 1719 at pages 339 to 350 at Serial
No. 9527 on 06-10-2006, executed between Late Sardar Harnam
Singh (grand father of defendant No. 1 and 2 and father in law of
defendant No. 3) and the plaintiff in respect of the land in suit.
19- That in case the Ld. Court finds it inequitable to grant specific
performance of aforesaid registered agreement to sell, the
defendants be directed to pay a sum of Rs. 35,00,000/- (Rs. Thirty
Five Lacs) being total of advance sale consideration of Rs.
23,00,000/- (Twenty Three Lacs), expenses of Rs. 2,50,000/- (Rs.
Two Lacs Fifty Thousand Only) for execution and registration etc.
and Rs. 9,50,000/-(Nine Lacs Fifty Thousand Only) for
compensation and mental harassment and trauma. The plaintiff is
also entitled interest on the said amount @ 24% per annum during
pendency of the suit till realization.
20- That cause of action for the present suit arose to the plaintiff on
several dates and occasions as aforesaid when Late Sardar Harnam
Singh contacted the plaintiff and negotiate for sale of the land in
suit and agreed to sell the same to the plaintiff and received
earnest/advance money from the plaintiff and execute and
registered agreement to sell dated 06.10.2006 and thereafter
 plaintiff came to know that land in suit was not entered/recorded in
the name of the plaintiff in the revenue records and there was some
dispute/litigation pending between UP Avas & Vikas Parisad and
Late Shri Harnam Singh and on enquiry Sardar Harnam Singh
assured that he could execute the sale deed of the land in suit after
final adjudication of the dispute/litigation and only after entering
his name in revenue records and thereafter in the month of
February 2010 when Late Sardar Harnam Singh died and thereafter
in pursuance of order dated 03-07-2010 when the names of the
defendant No. 1 and 2 as heirs of Late Sardar Harnam Singh were
recorded in Khatauni and thereafter in the month of February 2011,
when the plaintiff came to know regarding entering name of the
defendants in revenue records and thereafter plaintiff approached
the defendants and sent notice dated 05.03.2011 through his
counsel and on receiving the notice the defendants failed to comply
the said notice and gave false and malafide reply dated 11.04.2011
and in the last week of March 2013 when the plaintiff came to
know that the defendants are contemplating sale of the land in suit
to third persons with in the jurisdiction of this Ld. Court hence this
Ld. Court has jurisdiction to hear and decide the present suit.
21- That the suit is within limitation and cognizable by this Hon’ble
Court as the subject matter of the suit is situated on Mauza Ajabpur
Kalan, Pargana Central Doon, District Dehradun, which is within
the territorial limits and jurisdiction of this Ld. court.
22- That the valuation of the suit for purpose of jurisdiction and court
fees is Rs. 35,00,000/-, hence the court fee of Rs. 2,62,907.50/- is
being paid according to law.

The plaintiff therefore prays following reliefs against the defendants viz
A) That by a decree of specific performance, the defendants be directed
to execute proper conveyance (sale deed) in favour of the plaintiff
and present the same for registration before the appropriate
registering authority in accordance with law and deliver peaceful
vacant possession thereof in furtherance of such sale to the plaintiff
within such time as may be fixed by this Hon’ble Court, failing
which the same be accomplished through the process of this court
in respect of land in suit, morefully described in the schedule given
at the foot of this plaint in furtherance to the registered agreement
to sell dated 06.10.2006 executed by Late Sardar Harnam Singh
son of Sardar Narayan Singh in favour of the plaintiff regarding the
land in suit registered in the office of the Sub-Registrar, Sadar-I,
Dehradun in Book No. 1, Volume 1337, on pages 1914 at ADF
Book No. 1, Volume 1719 at pages 339 to 350 at Serial No. 9527
on 06-10-2006.

IN THE ALTERNATIVE
In case the Ld. Court finds it inequitable to grant specific
performance of aforesaid registered agreement to sell, the
defendants be directed to pay a sum of Rs. 35,00,000/- (Rs. Thirty
Five Lacs) being total of advance sale consideration of Rs.
23,00,000/- (Twenty Three Lacs), expenses of Rs. 2,50,000/- (Rs.
Two Lacs Fifty Thousand Only) for execution and registration etc.
and Rs. 9,50,000/-(Nine Lacs Fifty Thousand Only) for
compensation and mental harassment and trauma alongwith
interest @24% per annum during pendency of suit till realization.
B) That the cost(s) of the suit, including those permissible under
order XX-A, Code of Civil Procedure, 1908 be awarded to the
plaintiff against the defendants.
C) That any other relief(s) which this Ld. Court deems fit in the
circumstances be also awarded to the plaintiff against the
defendants.

SCHEDULE OF THE LAND IN SUIT

All that land bearing Khasra no. 68 (New Khasra No. 746) measuring
0.45 acre or 0.1821 Hect. or 1821 sq. meter (approx.) situated at Mauja
Ajabpur Kalan, Pargana Central Doon, Dist Dehradun, bounded and
butted as follows:

East : Dhaba of Shri Mohan Singh.

West : Property of Shri Mohan Singh.
North : Property of VSNL
South : Road.

................Plaintiff
I Dwijendra Tripathi, the plaintiff do hereby verify that the
contents of paras 1 to 19 of the plaint are true to my personal knowledge
and paras 20 to 22 of the plaint are true on the basis of legal advice
received which I believe to be true. Verified at Dehradun on 15.04.2013.

..............Plaintiff
 IN THE COURT OF CIVIL JUDGE (S.D.) DEHRADUN

Original Suit No of 2013

Shri Dwijendra Tripathi Vs Shri Simranpreet

Affidavit Dwijendra Tripathi, Son of Sh. Dhananjay Ram Tripathi,

Resident of Village & Post Office Soha, Gora, District Gorakhpur, (Uttar

Pradesh).

……………….Deponent
I, the deponent above named do hereby solemnly affirms on oath as under:-

1. That the deponent is plaintiff in the above suit and as such is fully aware of the
facts deposed to below.

2. That the deponent has filed the present suit for specific performance of the
registered agreement of sale dated 06-10-2006 executed between Sardar
Harnam Singh and the plaintiff. The defendants and heirs of Late Sardar
Harnam who died in the month of Feb 2010.

3. That the contents of the plaint are true to my own personal knowledge and also
on the basis of record and the same be treated as integral part of this affidavit
which are not being repeated herewith for the sake of brevity.

4. That the deponent hereby verifies that contents made in the plaint are correct
& true.

5. That the suit of the deponent is liable to be allowed for reliefs claimed against
the defendants.
…………….Deponent
Verification
I, the deponent above named do hereby verifies that the contents of para 1 to 4
of the above affidavit are true to the best of my knowledge & belief. Nothing
material has been concealed herewith & no part of it is untrue. So help me
god.
Verified at Dehradun on 15-04-2013
…………….Deponent
 IN THE COURT OF CIVIL JUDGE (S.D.)

DEHRADUN

Original Suit No of 2013

Shri Dwijendra Tripathi Vs Shri Simranpreet

Sir,
For the facts and reasons stated in the accompanying
affidavit it is most respectfully prayed that during the pendency of
the suit by interim injunction order the defendants, his heirs, agents
or any one whomsoever claiming or acting on their behalf be
restrained from creating third party interests by way of sale,
mortgage, equitable mortgage, charge, lien, agreement to sale etc.
in respect of the land in suit, description whereof is morefully
contained schedule of land in suit below till final decision in the
present suit, in the interest of justice, for which acts of kindness the
plaintiff shall ever pray as in duty bound. Any other relief which
this Ld. Court deems fit in the circumstances of the case may
kindly also be granted in favor of the plaintiff against the
defendants.

SCHEDULE OF THE LAND IN SUIT

All that land bearing Khasra no. 68 (New Khasra No. 746) measuring

0.45 acre or 0.1821 Hect. or 1821 sq. meter (approx.) situated at Mauja

Ajabpur Kalan, Pargana Central Doon, Dist Dehradun, bounded and

butted as follows:

East : Dhaba of Shri Mohan Singh.

West : Property of Shri Mohan Singh.

North : Property of VSNL

South : Road.

Dated: 15-04-2013 Counsel for plaintiff

Dehradun
Presented by:-
 IN THE COURT OF CIVIL JUDGE (S.D.) DEHRADUN

Original Suit No of 2013

Shri Dwijendra Tripathi

Vs

Shri Simranpreet Singh & Others

Affidavit of Dwijendra Tripathi, Son of Sh. Dhananjay Ram Tripathi,

Resident of Village & Post Office Soha, Gora, District Gorakhpur, (Uttar

Pradesh).

……………….Deponent

I, the deponent above named do hereby solemnly affirms on oath as

under:-

1. That the deponent is plaintiff in the above suit and as such is

fully aware of the facts deposed to below.

2. That the deponent is filing the present suit for specific

performance of the registered agreement of sale dated 06-10-
2006 executed between Sardar Harnam Singh and the plaintiff.
The defendants are heirs of Late Sardar Harnam Singh, who
died in the month of Feb 2010. True facts have been stated in
the plaint.

3. That the contents of the plaint are true to my own personal

knowledge and also on the basis of record and the same be
 treated as an integral part of this affidavit which are not being
repeated herewith for the sake of brevity.

4. That the deponent hereby verifies that contents made in the

plaint are correct & true.

5. That the deponent have reliably been informed that the

defendants are contemplating sale of the property in suit to
prospective third parties (purchasers) who are ready to purchase
the property in suit. The threat of sale of property in suit in
favour of third party/strangers, will cause wrongful loss to the
plaintiff.

6. That in case the defendants succeeded in their illegal act, the

plaintiff suffer irreparable loss and there is also danger of
multiplicity of the proceedings.

7. That the deponent has prima facia case and balance of

convenience is also in favor of the deponent. In granting interim
order in favor of the deponent, the defendants have no loss and
in case no interim order is passed in favor of the deponent. The
deponent shall suffer irreparable loss and injury which cannot
be compensated in terms of money.

8. That it is just, proper, expedient and also in the interest of

justice that during pendency of the suit by interim injunction
order the defendants, his heirs, agents or any one whomsoever
 claiming or acting on their behalf to be restrained from creating
third party interests by way of sale, mortgage, equitable
mortgage, charge, lien, agreement to sale etc. in respect of the
land in suit.

9. That from the documents filed separately, contents of the plaint

are proved.

10.That the application for ad interim injunction is liable to be

allowed.
…………….Deponent
Verification
I, the deponent above named do hereby verifies that the contents of para 1 to
10 of the above affidavit are true to the best of my knowledge & belief.
Nothing material has been concealed herewith & no part of it is untrue. So
help me god.
Verified at Dehradun on 15-04-2013
…………….Deponent
 In the Court of Civil Judge (S.D.) Dehradun

O.S. No. of 2013

Dwijendra Tripathi Vs. Shri Simranpreet and others

List of Documents filed on behalf of Plaintiff

1- Agreement to Sell dated 06.10.2006, executed between Plaintif

and Shri Harnam Singh
2- Certified copy of revised Khasra of Village Ajabpur Kalan,
Pargana Central Doon, Dist Dehradun.
3- Khatauni of Village Ajabpur Kalan, Pargana Central Doon, Dist
Dehradun.
4- Certified copy of Order-Sheet of writ petition No. 1075 (M/B) of
2006, Sardar Harnam Singh Vs. State of U.P. before the Hon’ble
High Court of Uttarakhand at Nainital.
5- Certified copy of order, C.C. No. 228-229/2010 U.P. Housing and
DEVT Board and Anothers Vs. Sardar Harnam Singh, before the
Hon’ble Supreme Court of India.
6- Application for information, writ petition No. 1861 of 2007,
Sardar Harnam Singh Vs. State and Another, before the Hon’ble
High Court of Uttarakhand at Nainital.

Dated 17.04.2013 Counsel for Plaintif

Dehradun
Present by

Counsel for Plaintif