LAW504

Enroll. No. -_____________________

[LAW]

END SEMESTER EXAMINATION : EVEN JULY,

2020
Drafting Pleading and Conveyancing

Time :2 ½ Hrs Maximum Marks :70

Note: Attempt questions from all sections as directed.

Section - A : Attempt all Questions.Each question carries 07 marks.[42 Marks]

Q1. (a) The appellant and respondent 1, as well as five other persons, who figured as
respondents Nos. 2 to

6 in the proceeding before the High Court, were duly nominated candidates for
election to the

Tamil Nadu Legislative Assembly for the general election of that State held in March
, 1972. Three

of these nominated candidates withdrew their candidature within the prescribed period
and the

actual contest at the election was between the remaining three candidates including
the appellant and respondept No. 1. The polling took place on the 10th March, 1972,
and the votes were counted

on the 26th of April. As a result, of the counting the respondent No. 1 was found to
have secured

6001 votes which was the largest in number and the appellant followed him closely
having
obtained 5996 votes. The Returning Officer declared the respondent No. 1 to be the
successful candidate and this declaration was published in the Tamil Nadu Gazette on
the 11th May 1972. The respondent No. 1. lodged his return of election expenses with
the necessary declaration sometime after that and notice of this return was published
on 31st May, 1972. The appellant thereafter filed a petition before the Election
Commission, challenging the validity of the election, on the grounds that there was
violation of the election rules in regard, to certain matters and that the respondent No.
I by himself or through his agents were guilty of a number of major corrupt practices
which materially affected the result of the election. The petitioner /appellant prayed
for a declaration that the election of respondent No. I was void and that he himself
was duly elected. Decide.

(7)
(b)

One Rohit Sarkar got married to Priyanka Kohli on 28.11.2000. Three sons were born
out of the wedlock of

the parties. According to Rohit, Priyanka is short tempered and a woman of rude
behaviour. After marriage,

she started quarrelling and misbehaving with the appellant and his parents and
ultimately, Rohit was

compelled to leave the parental residence and started to reside in a rented premise
from May 2009. Rohit

alleged that in the month of July 2010, when he along with the respondent and their
children visited Bombay

to attend the golden jubilee marriage anniversary of his father-in-law, he noticed that
the Priyanka was

indulging in an indecent manner and found her in a compromising position with one
Sahu Bima. Immediately

thereafter, Rohit started living separately from the Priyanka since July 2010. Rohit
suffered intense physical

and mental torture. According to Rohit, Priyanka had withdrawn Rs. 9,50,000/- from
his Bank Account and
deposited the same in her account. Rohit also alleged that Priyanka got a false first
information report

registered against him under Sections 420/467/468 and 471 IPC, which was registered
as Case No. 156 of

2010 and he was subjected to extreme cruelty. Decide a solution for Rohit in the given
circumstances.

(7)
Q2. (a) The backbone of the legal profession are statements of the parties in writing
setting out their

contentions and claims or counter claims, so that the opposite party may know what
case he/she has

to reply to. Elucidate this statement.

(7)
(b)

Chandrashekhar agreed to sell his property vide an Agreement to Sell dated

19.03.2006 for a sum of

Rs. Five crore, out of which 2 Crores have been paid as earnest money. The balance
amount has to be

paid withing a period of 6 months from the date of Agreement to sell. What will he be
required to do in

order to complete the transaction.

(7)
Q3.
(a)

A and B are owners in possession of two sites having purchased by them under two
registered sale

deeds dated 10.12.1977 (produced as EX A1 and A2) from one Babu Lal. They
further claimed that
the respective two sites were muted in their names in the records of the muncipal
office.They

alleged that on 05.07.1979 when they were digging trenches in order to start
construction, the

defendant C interefered with the said work. It had been proven that these two sites
were owned and

muted in the names of A and B . They therefore filed a suit before the District Munsiff
, Sahibabad

in order to restrain the defendant from interfering with their poseesion. What suit will
be required

to be filed by the Plaintiffs against the Defendant?

(7)
(b) Miss Richa and Mr. Anubhav were married on 11.10.1992, according to Hindu
rites and customs in

Panipat, Haryana. They were blessed with three children. They are Panna, Heera and
Himmat.

They were born on 5.2.2004, on 20.11.2006 and on 15.1.2009 respectively. Marital

discord arose

between the spouses. Consequently, they started living separately. The children are
stated to be with

their mother. In the circumstances, the husband filed a suit 2013 in the Court, seeking
dissolution of

his marriage with her on the ground of willful desertion and cruelty. She filed a
counter refuting his

allegations. She also alleged that he ill-treated her with cruelty and also forced her to
consent for

his second marriage with another woman.She is a homemaker. She has no

independent income of
her own. She has no financial sources for the survival of herself and her children.
Decide the

remedy available to her.

(7)

Section – B : Attempt all questions. Each question carries 07 marks.[28 Marks]

Q4. (a) Sidham, residing in Maharashtra is a member of a Joint Hindu Family. Along
with him, Salil,

Karand and Mahesh are also members of the JHF. They have 4 acres of
agricultural land in Gobipur

village. In 2005 they divided the land amongst themselves on the basis of oral
partition, but failed

to enforce the same. After 2 years in 2007 Sidham asked them to execute a
separate partion deed

which they denied to execute. Sidham then filed a suit for partition. The Court
decreed the suit

stating that a new partition deed should be executed. The defendants filed a
revision in the Court of

Law. Draft the same for the above cited matter.

(7)
(b) Mr Rohan and Ms. Rekha were neighbours at the relevant time and known to
each other. On

01.05.2002 Ms. Rekha wrote a complaint to the Assistant Police

Commissioner, Crime Branch, Delhi alleging the harassment that was meted
out to her by the appellant over a period of time.

Allegations of rape, emotional blackmail and threats were levelled against the
appellant therein.

After two days i.e. on 03.05.2002, her statement was recorded by a Police
officer of the concerned
 Police Station wherein she again levelled the allegations of ill-treatment,
blackmail etc. However, in

this statement of hers, which was recorded by the Investigating Officer (I.O.),
allegations of rape

were conspiciously missing. On the basis of statement made on 03.05.2002,

F.I.R. was registered

and charge under Section 506 (2) of Indian Penal Code (IPC) was framed in the
year 2002 and the

accussed was arrested. Decide on the action to be taken by Mr. Rohan .

(7)
Q5. (a) It is a term which literally means a preparatory writing on any document for
the purposes of

discussions and corrections and which is to be afterwards copied out in its final
shape. Identify the terms and explain the features of the initial stage of
pleadings and conveyancing.

(7)
(b) Mr. Arun sold Goods worth Rs. 2,90,000/- to Mr. Sarthak and to his various
offices at their various

branches at U.P. After a certain period, of repeatedly giving credit to Mr.

Sarthak a total sum of Rs.

`900000/- was found due towards the balance principal as per Mr. Arun’s
statement of account.

`In spite of repeated demands and issuance of notice on various occassions and
issuance of legal

notice on 12-06-2016, Mr. Sarthak has still not paid the amount. Mr. Sarthak by
his letter dated

letter dated 29-05-2014, disputed the amount but admitted their liability to the
extent of Rs. 600000/-

Thereafter, Mr. Arun sent letters demanding the payment of admitted sum of
Rs. 600000/- and
 settle the balance disputed amount on verification of accounts. Mr. Sarthak had
no inclination to

pay the amount; but only insisted upon returning back the goods. Draft an
appropriate remedy for

Mr. Arun in the above stated matter.

(7)

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