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TOPIC NAME:

Drafting, Pleading and Conveyance

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TABLE OF CONTENTS

DESCRIPTION PAGE

Introduction 4
1. Draft a Plaint and Written Statement. 5-11
2. Memorandum of Appeal. 12-16
3. Revisional Application – CO/CRR. 17-21
4. Bail Application – U/S 439. 22-25
5. Anticipatory Bail – U/S 438. 26-31
6. Complaint Petition – U/S 200 Cr.PC. 32-39
7. Writ Petition & PIL – Article 32 & 226 of 40-49
Indian Constitution. 50-55
8. Deed of Sale. 56-58
9. Deed of Mortgage. 59-61
10.Deed of Lease. 62-64
11.Deed of Gift. 65-71
12. Promissory Note. 72-73
13. Power of Attorney. 74-75
14.Will. 76-77
15.Trust Deed. 78

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 INTRODUCTION

Drafting, pleading and conveyance are crucial skills in Indian law, involving the preparation
Of legal documents like petitions, complaints, agreements, contracts, and deeds, which
are essential for initiating, defending, or resolving legal disputes and conveying property
rights and interests.
a) Drafting: it is the stage of the writing process in which you develop a complete first
version of a piece of writing. Even professional writers admit that an empty page scares them
because they feel they need to come up with something fresh and original every time they
open a blank document on their computers.
b) Pleadings: Pleadings are formal written statements filed with the court outlining claims,
defences, and facts of a legal case. In India, drafting pleadings involves preparing documents
like plaints, petitions, affidavits, rejoinders, and appeals, adhering to the Civil Procedure
Code, Criminal Procedure Code, and other relevant laws and court rules
i)Plaints and Written Statements:
Plaints are legal documents that initiate civil suits, detailing the plaintiffs claims against the
defendant, while written statements are filed by defendants in response.
ii)Petitions and Affidavits:
Petitions are formal court requests for interim relief or proceedings, while
affidavits are sworn statements of facts used as evidence under oath.
c)Drafting Conveyance: Conveyance is the transfer of property rights or interests, and in
Indian law, drafting conveyance document is crucial due to legal requirements, local customs,
and registration procedures outlined in the Transfer of Property Act and Registration Act.
i)Sale Deed: Sale deeds transfer ownership of immovable property from seller to buyer,
requiring accurate property description, consideration amount, stamp duty, and registration
compliance.
ii)Gift Deeds:
Gift deeds are legally binding agreements thattransfer property without consideration, must b
e executed voluntarily, without undue influence, and must be registered for validity.

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 1.PLAINT AND WRITTEN STATEMENT

a) PLAINT

Dist.: 24 PGS.(South)
In the court of the Ld. 4th Civil Judge at Lucknow.

Ref.: Ejectment Suit: /2019

In the matter of:

Mr. Ghasi Ram,

Of Sector 4/325, Jankipuram, Vistar,
Lucknow, Uttar Pradesh
……………..Plaintiff

V/S

Mr. Jagat Narayan

Sector C, Vishal khand,
Lucknow, Uttar Pradesh
……………..Defendant

SUIT FOR EJECTMENT U/S 20 OF UP URBAN BUILDING (REGULATION OF

LETTING RENT AND EVICTION ACT,1972

MOST RESPECTFULLY SHEWETH

1. That the plaintiff being the owner of building no. 42 of sector 17, Gomtinagar, UP.
2. That the above-named Plaintiff willfully and knowingfully let out the portion of the
said building to Jagat Narayan who is the defendant in the instant case.
3. That the plaintiff instituted the suit on the ground that the defendant was a tenant of a
said portion of the buiding and was a trespasser in respect of the remaining portion.

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 The defendant therefore is liable to be ejected from the portion upon which he was
occupying as trespasser and from the portion, he was occupying a tenant because he
had defaulted in paying arrears of rent and had made material alterations in the
building, which had affected adversely the utility of the building.
4. That, however, the defendant who was approached did not agree to the plaintiff”s
demand. The Plaintiff thereafter served a legal notice through his Advocate ,under
section 106 of Transfer of Property Act on 16/7/2019.
5. That the defendant received the plaintiff”s legal notice U/S 106 of the Transfer of
Property Act on 1/7/2019 i.e clear 15 days before the last day i.e 16/7/2019 and thus is
a valid notice under the Transfer of Property Act.
6. That however, the defendant even after receiving the said legal notice have neither
vacated the premises nor shows their intention to vacate. Thus the defendant from
16/7/2019 are in wrongful use and occupation @1000/- per day as the rate of rent in
the area are for such premises prevailing and the plaintiff has rightly assessed the rate
of RS. 1000/ per day. The same rate was demanded in the legal notice dated
1/7/2019.That since the premises was needed by the plaintiff for his own purpose he
will have to take on rent the premises.
7. That the plaintiff does not have means to take on rent the building for own purposes at
such high rates and thus needed the building and for this reason asked the defendant
to vacate the premises.
8. That the defendant is presently paying a monthly rate of RS. 12000/- per month
(Rupees twelve thousand only) for the plaintiff building measuring 450 sq. ft. super
area . The plaintiff’s premises are not governed by U.P Building (Regulation of
Letting and Eviction Act, 1972) as the rent of the rent is more than Rs. 3500/- and
thus the Honourable Court has jurisdiction to try the matter.
9. That the cause of action in the instant case arose on 24/5/2019 when the plaintiff”s
approached the defendant for the vacation of the said building . The cause of action
further arose on 15/6/2019 when the Plaintiff again approached the defendant for the
vacation of building that however did not obliged.On 1/7/2019 when the cause of
action further arose the plaintiff through his Ld. Advocate , asking the defendant to
vacate the premises. The said notice was duly received on 16/7/2019. However, the
defendant did not vacate the building in question.

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 10. That since the said property whose possession is situated in Lucknow. The lease for
the premises was executed in and Lucknow and delivery of possession made in
Lucknow.
11. That the necessary court fee of Rs. 3174/- is paid. The plaintiff undertakes to pay any
additional court fee that may be found due by the Honourable Court.

Hence it is prayed that your Honour would

graciously be pleased to:
(a) pass a decree for ejectment against the
defendant and in favour of the plaintiff;
(b) pass a decree for payment of damages @ Rs.
1000 per day for wrongful use and the
occupation of the building of the defendant ;
(c) any other relief deemed fit and proper may
also be given;
(d) costs of the case may also be given for the
ends of justice,

And for this act of kindness your petioner as in duty bound shall ever pray.

VERIFICATION

I,the above-named plaintiff, do hereby solemnly affirm and declare that the above-mentioned
paragraphs are true and to the best of my knowledge and belief and I also sign this
verification on the day of filing within the court premises.

………………………

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 AFFIDAVIT

Shri Ghasi Ram, S/O- Tilak Ram, aged about 58 years, R/O Sector 4/325, Jankipuram Vistar,
Lucknow, Uttar Pradesh in the capacity of the owner of the premises, the deponent
hereinabove do hereby solemnly affirm and state hereunder-

1. I am aware of the facts and circumstances of the present suit based upon the
plaintiff maintained in the ordinary course of business and I am duly competent to
swear and file the suit alongwith affidavit.
2. I say that the accompanying Suit has been drafted and filed by my counsel upon
my instruction and contents of the same are true and correct.

3. I say that the documents filed along with the plaint are true copies of originals.

……………………….
Deponent
Identified by
………………………..
Advocate

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 B) WRITTEN STATEMENT

Dist.: 24 PGS.(South)
In the court of the Ld. 4th Civil Judge(Jr.) at Lucknow.

Ref.: Ejectment Suit: /2019

In the matter of:

Mr. Ghasi Ram,

Of Sector 4/325, Jankipuram, Vistar,
Lucknow, Uttar Pradesh
……………..Plaintiff

V/S

Mr. Jagat Narayan

Sector C, Vishal khand,
Lucknow, Uttar Pradesh
……………..Defendant

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHEWETH;

1. That this Honourable Court has no jurisdiction to entertain and try this suit because
the said matter will come under UP Control Rent and Eviction Act.
2. That the suit has not been properly valued for the purpose of Court fees and
jurisdiction and is therefore liable to be rejected out rightly.
3. That there is absolutely no cause of action in favour of the Plaintiff and against the
defendant .

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 4. The notice U/S 106 of the Transfer of Property Act was bad because it was not given
to the lessee.
5. That para no. 1 of the plaint of the instant case is partly correct and is admitted except
the fact that only a portion of the building was given on rent, whereas, the whole
building was given on rent.
6. That the contents of para no. 2 are denied for the want of knowledge.
7. That the contents of para np. 3 and 4 are denied as notice U/S 106 of The Transfer of
Property Act because it was not given to the lessee and also because it was not in
respect of the entire premises.
8. That the contents of para no.5 are incorrect . As a matter of fact, Mr. N is the owner of
the suit property.

Hence it is prayed that your Honour Would

graciously be pleased to :
a) Dismiss the suit of the Plaintiff.
b) Award cost to the Defendant.
c) Pass any other just and equitable order
d) for the ends of justice.

And for this act of kindness your petitioner as in duty bound shall ever pray.

VERIFICATION

I,the above-named defendant, do hereby solemnly affirm and declare that the above-
mentioned paragraphs are true and to the best of my knowledge and belief and I also sign
this verification on the day of filing within the court premises.

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 AFFIDAVIT

Shri Jagat Narayan, S/O- Mahesh Narayan, aged about 43 years, R/O Sector C, Vishal
Khand, Lucknow, Uttar Pradesh in the capacity of the owner of the premises, the deponent
hereinabove do hereby solemnly affirm and state hereunder:

1. I am aware of the facts and circumstances of the present suit based upon the
plaintiff maintained in the ordinary course of business and I am duly competent to
swear and file the suit alongwith affidavit.
2. I say that the accompanying Suit has been drafted and filed by my counsel
upon my instruction and contents of the same are true and correct.

3. I say that the documents filed along with the plaint are true copies of originals

……………………….
Deponent
Identified by
………………………..
Advocate

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 2. MEMORANDUM OF APPEAL
Memorandum of Appeal from Original Order

Appeal No. of 2009

Mr. Ashok Roy

Son of Late Gopinath Khatua
37/5, Beniatola Lane,
P.S. Amherst Street,
Kolkata - 700009.

…………..Appellant

Versus

1. Sri Sandipan Acharya

2. Sri Dipankar Acharya
both of 37/5, Beniatola Lane,
P.S. Amherst Street,
Kolkata - 700009.

.... Respondents

Being aggrieved by and dissatisfied with the Order No.36 9003. the above named Roy the ld. Rent
Controller, Calcutta in R.C. No.109

….. Appeal on the following amongst

appellant/petitioner begs to prefer this Memorandum of appeal

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GROUNDS

1. FOR THAT the Ld. Rent Controller failed to appreciate the facts and circumstances of the
case thereby came to an erroneous findings rejecting the part of the claim of the
appellant/petitioner.
2. FOR THAT the Ld. Rent Controller failed to appreciate the claim of the
appellant/petitioner in respect of rate of rent, inasmuch as the tenant opposite party did not
produce the rent receipt granted by the appellant/petitioner in respect of the tenancy. The
finding of rate of rent is erroneous.
3.FOR THAT the Ld. Rent Controller totally ignored the claim of the appellant/petitioner in
reapect of Commercial Tax to be paid by the tenant to land lord as per provision of amended
law.

1 certify that the grounds

set forth above arc in my
opinion good grounds of
the Appeal.

list of documents
1. This Memorandum of Appeal
2. Certified copy of impugned
order dated 19.05.2009
.3. The Vakalatnama

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 Memorandum of Appeal from Original Order

Appeal No. of 2009

Mr. Ashok Roy

Son of Late Gopinath Roy
37/5, Beniatola Lane,
Kol- 700009.
……….Appellant
V/S

1.Dipak Acharya
2.Suvankar Acharya.
both of 37/5, Beniatola Lane,
P.S. Amherst Street,
Kolkata - 700009.

……….Respondant

An application U/S 5 of the Limitation Act, 1963

1. That the appellant/ petitioner collected the brief and documents from his advocate
on 9.11.2009 and made consult with new Advocate Mrs. Srabani Dey Ghoshal after
consultation drafted and made ready of memo of appeal on 16.11.09 for filing the memo
oappeal
2.That unless the delay of filing the memo of appeal be condoned, appellant/ petitioner
will suffer irreparable loss and injury.
3. The appeHant/^thloner states that ah the brief and documenta was with his
Advocate. the appellant/petitioner was helpless to conduct with any other lawyer to file

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memo of appeal.
4. That the appellant/petitioner is the victim due to unavoidable circumstances as stated
herein above.

5. That accordingly the appellant/petitioner having no latches for delay filing of the appeal.
6. That application is bonafide and for ends of justice.

Hence it is prayed that your Honour would graciously

be pleased to allow the appeal inspite of unintentional
delay your petitioner has sufficient grounds to file the
application for the ends of justice.

And for this act of kindness your petitioner as in duty bound shall ever pray.

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 AFFIDAVIT

I, Anil Kumar Khatua, son of Late Gopinath Khatua, aged about 50 years, by religion Hindu,
by occupation Service, residing at 37/5, Beniatola Lane, Kolkata - 700009
do hereby solemnly affirm and say as follows

1. I, am the appellant/petitioner and I am competent to affirm this affidavit.

2. That the statements made and contained in paragraphs No.l to 7 of the foregoing
affidavit are true to my knowledge, those made paragraph 8 to 11 are true to my
information derived from the records which I believe to be true and the rest paragraphs are
my respectful submission to this Learned Court.

Prepared by me in my office
………………………….
Deponent

Identified by me

………………………..
Advocate

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 3. REVISIONAL APPLICATION

REVISION PETITION UNDER SECTION 397 OF CODE OF CRIMINAL

PROCEDURE

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, AT CALCUTTA

Criminal Revision Petition No............................... 7200
FIR No:...........................
Police Station:..............................
Next date in Trial Court:..........................
In the matter of:
XYZ
……… Petitioner

versus

1. State
2. ABC
3. CDF
……… Respondents

REVISION PETITION UNDER SECTION 397 OF CRIMINAL PROCEDURE CODE,

1973 PRAYING FOR QUASHING AND SETTING ASIDE ORDER
DATED............................ IN FIR NO......................... DATED........................... UNDER
SECTION 154 OF CRIMINAL PROCEDURE CODE 1973 ON SUBMISSION OF
FINAL REPORT UNDER SECTION 173, CRIMINAL PROCEDURE CODE, 1973
PASSED BY LEARNED METROPOLITAN MAGISTRATE,...............................
CONSIGNING FILE TO RECORD.

Most Respectfully Sheweth:

1. The petitioner had filed a Criminal Complaint under section 406 and section 420 read with
section 120B of the Indian Penal Code against the Respondent which is pending before the

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trial court and is fixed for hearing on.................................. The said complaint filed by the
petitioner against respondents is reproduced herein below:
1. "That the complainant is resident of......................................................... and is a peace-
loving citizen.
2. That the complainant had approached the Accused through one accused No.
2...........................................................................................
............................................................ for purchase of one property.........................
3. That therefore, after detailed negotiation between complainant and the accused through
accused No. 2 the accused agreed to sell the
property..........................................................................

4. That it is to state.............................. that the accused................................... had represented

to the complainant that the Property number ............................................................. was of
accused No. 1 and he was always ready and willing to sell his property.
5. That pursuant to the accused No. 1 agreeing to sell his property as represented by him to
be.......................................................................... to the complainant, the complainant and
accused No. 1 and 2 agreed amongst themselves that the complainant would pay a
consideration of Rs..................................... to the accused as full and final consideration.
6. That thereafter the complainant paid on............................. and advance amount of
Rs........................... as follows to the accused.
(i) Rs. 5, 00, 000/- as cash.
(ii) Rs. 50, 000/-....................... vide cheque No.................... dated ................................. drawn
on.......................................... against the sale of second floor with complete terrace rights
excluding one Servant Quarter for the first floor of property bearing
No...............................................................................
7. That the above payment was made in the presence of accused No. 2 and through him and
the accused No. 1 gave the complainant a receipt dated........................................... and the
receipt clearly mentioned as follows:
"Receipt"
Received with thanks from Shri............................... resident of ............................................. a
sum of Rs............ (Rs.......................... only) in cash and Rs...............................
(Rs........................................... only) by cheque No. .................................
dated........................... on........................................................... as advance payment against
the sale of my second floor with complete terrace rights of property bearing
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No...................................................................... measuring ................................... Minus one
Servant Quarter of first floor.
The balance amount of Rs................................. (Rs................................. only) is to be paid on
or before...................................
Sd/- "
That it is to state that accused No. 2 participated actually in the entire transaction and it is he
who handed over money of complainant to accused No. 1 and also it was he who handed over
receipt of the accused No. 1 to complainant.
8. That it is stated by the complainant that the accused No. 1 and 2 and he agreed that the
entire balance amount of a sum of Rs. 40, 50, 000/- will be paid on or
before........................................... and the same had been clearly mentioned in above receipt
dated.........;.................................
9. That during the month of............................. when the complainant requested the
accused...................................... to produce and show the original documents of the above
said property he was fooled and no documents were shown to him. The complainant
repeatedly requested the accused to show the original papers but all sorts of concocted stories
were made by the accused and the papers were never shown to the complainant.
10. That thereafter on a fact finding by the complainant he came to know that the above said
property belonged to one........................................ ..................................... and not the
accused as stated by him and misrepresented by him.
11. That thereafter on further enquiry by the complainant he found out that the property
No............................................................... which belonged to one.......................................
was sold on............................ to............................ by the original owner of the property. To
these effects a xerox copy of the sale deed is enclosed herewith.
12. That after knowing all these facts the complainant requested accused No. 1 and accused
No. 2 to return the money back, but these people have not returned the money so far and thus
cheated the complainant of the above said money.
13. That thereafter the complainant registered a complaint on....................
dated.............................. with the police station.......................................... to investigate the
matter but till date no action whatsoever has been taken in the matter and no money has been
paid to the complainant.
14. That all the accused have committed various offences under various sections of I. P. C. by
mis-representing and thereafter the complainant of a sum of Rs.................................... The
accused have thus committed offences under sections 420, 406 read with section 120-B of
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I. P. C. particularly when they were not owners of the property in question.
2. That the Learned Metropolitan Magistrate issued the directions to the Station House
Officer, Police Station........................ to register the case and investigate the matter vide order
dated............................ Consequently the Station House Officer, registered a complaint
on............................... vide ‘FIR No................... and started investigation.
3. That the final report of investigation under section 173 Criminal Procedure Code from
Station House Officer, Police Station, .........................................................
dated............................. was received by Learned Metropolitan Magistrate on..........................
..........................
4. That the Learned Metropolitan Magistrate on receipt of final report under Section 173
Criminal Procedure Code passed orders on.............................. as under:
"Case remain unsolved. No possibility of finding any accused in near future. It is an old case.
File be consigned to record. "
Sd/-
..........................................
..........................................
5. That the Learned Metropolitan Magistrate passed the above said impugned order without
issuing any notice to the Complainant which is in violation of law.
6. That the impugned order of the Learned Metropolitan Magistrate dated.......................
ordering consigning of file to record is bad in law and suffers
from patent illegality on the following amongst other grounds and is liable to be quashed and
set-aside.
GROUNDS
A. That the Trial Court has failed to exercise its judicial discretion on the facts and
circumstances of the case by ordering consigning of file to record without taking into account
the facts and circumstances of the entire case.
B. That the Trial Court failed to give notice to the complainant before ordering consigning of
the file to record and giving an opportunity of being heard.
C. That the impugned order of the Trial Court is against the principles of natural justice as per
law laid down by High Court as well as Supreme Court where they have categorically held
that the complainant must be heard.
D. That the findings of the Trial Court is against the law and weight of evidence on record.
E. That the Learned Trial Court failed to appreciate that the proceedings were initiated in the
case on the basis of complaint, which was never dismissed and as such, there was no question
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of consigning the file to the Record Room. The opportunity to lead evidence ought to have
been given. The court is not competent to close the case and consign it to Record Room
without recording the evidence of the complainant.
The accused can be convicted in absentia even if there is sufficient evidence to proceed
against them and if found guilty.
F. That the plea that the accused are not available is against the basic principle of law. The
evidence has to be recorded and finding given. The case can be consigned to Record Room
only after the trial is over. The accused can be arrested later when found.
The petitioner came to know of the said order of the Learned Metropolitan Magistrate only
on............................... when he appeared before the trial court and was informed that the case
was consigned to Record Room and the FIR has been cancelled.
PRAYER
It is therefore, prayed-
(i) that this Hon’ble Court may be pleased to call for the records, examine the same for the
purposes of satisfying itself as to the correctness, legality and propriety and set aside the
impugned order dated.....................
(ii) that the case be remanded to the trial court for further evidence in accordance with law
and
(iii) that this Hon’ble Court may be pleased to pass such further order (s) as may do complete
justice on the facts and circumstances of the case.
Petitioner
Through

Advocate for the Petitioner.

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 4. BAIL APPLICATION U/S 439

Dist.: 24 Pgs.(south)
In the Court of the Ld. District and Sessions Judge at Alipore.
CMC NO. /2024

An application under Section 439 of the Code of Criminal Procedure. 1973,

And
In the matter of:

Noor Nobi Sekh

. aged about 29 years,
son of Late Akbar Sekh of
Bogdahara, Chak Uparsole,
Bishnupur,
District- Bankura,
Pin-722164.
M.No.: 9830232985
…………….Petitioner

- Versus –

State of West Bengal

…………..Respondant
The humble petition on behalf of
abovenamed accused person.

MOST RESPECTFULLY SHEWETH:

1. The instant application is being preferred on behalf of the petitioner herein,
inter alia praying for bail in connection with Bhowanipore Police Station Case No.
294 of 2022, dated 12th December, 2022, under Sections 120B/170/419/420 read

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with Sections 467/468/471 of the Indian Penal Code, corresponding to CGR Case
No. 3764 of 2022 pending before the Learned Chief Judicial Magistrate, South 24
Parganas at Alipore. The instant application is the 2nd application on behalf of the
petitioner under Section 439 of the Code of Criminal Procedure, earlier application
vide no. Crl. Mise 499/23 was rejected by this Ld, Court.
2. The case being Bhowanipore Police Station Case No. 294 of 2022, was
registered initially under Sections 120B/170/419/420 of die Indian Penal Code,
pursuant to die letter of complaint lodged by one Suresh Chandra Wadhwa, on the
12th December, 2022. The allegation of the de facto complainant, on 12th December 2022. at
around 8 a.m. a group of unknown miscreants came to flat at the third floor of 1 (Mukherjee
Lane, Kolkata- 70002.5, posing as CBI Officers, and produced a letter of authority to search
and seize if anything is found suspicious and threatened to arrest the family if they refuse to
cooperate. It is the allegation of the de facto complainant that they then searched entire flat
and took cash money amounting to Rs. 30.00.000 -. and jewelries worth 8.00,000/-,
consisting of gold bangles and diamond set. It is the allegation of the de facto complainant
that after (hey asked lor some documents with regards to such
seizure, they threatened them and took all the articles. A complain of the HR and letter of
complaint is annexed hereto and marked with (the letter ’A’)
4. The petitioner was arrested in connection with the said case on the 12th
December. 2022. From the seizure list as is available with the record it would appear
that from (he possession of the petitioner a small amount of cash money and one Identity
Card of CBI, and the one car was recovered.
.5. Further it is stated that the recoveries made which are the belongings of the petitioner, and
there is no chance of getting an alleged identity card in the possession of the petitioner.
6. The petitioner states that from the record it would also transpire that a sum ol
money in excess of Rs. 40 lacks, were also said to be deposited in the bank account of the
wife of other two had been recovered.
7. The petitioner states that the petitioner is in custody Since long and there
is no possibility of getting any further recoveries in the case since sum in excess .
9. That the petitioner had on the 20th January. 2023, preferred an application
before the learned Chief judicial Magistrate .South 24 Parganas. Alipore, inter alia praying
forvbail however the same was rejected.
Being aggrieved with the order dated 20th January 2023, the petitioner begs to prefer die instant
application inter alia on die following grounds:-

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GROUNDS

i. That your petitioner is innocent and have been falsely been made accussed in the above
case

ii. That there is no nexus between the accused person and the other co-accused.

iii. That your petitioner is socially good and locally respectable person.

iv. That there is no previous criminal antecedent of your petitioner.

v . That your petitioner had been falsely implicated in the instant case.

vi. That your petitioner is languishing in custody Since long and there is
no apparent reason of further detention of the petitioner in custody.

vii. That your petitioner is a permanent resident of the address as

mentioned in cause title where the petitioner resided with his family, and their is no
chance of the petitioner absconding or evading the process of law.
viii. That it would be revealed that the process of investigation has been completed and the
Chargesheet has also been submitted.
ix. That your petitioner is a permanent resident of the address as mentioned in the cause title
where the petitioner resided with his family, and there is no chance of absconding or evading
die process of law.

Under the above facts and circumstances it is

most humbly prayed that Your Honour would be
graciously pleased to admit the instant
application under Section 439 the Cr.P.C, and
direct the investigating authority to produce the
case diary in connection with Bhowanipore
Police Station Case No.294 of 2022, dated 12th
December, 2022, under Sections
120B/170/419/420 read with Sections
467/468/471 of the Indian Penal Code,
corresponding to CGR Case No. 3764 of
2022 pending before the learned Chief
Judicial Magistrate, South 24 Parganas at
Alipore, and upon perusing the same and

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 hearing both sides to enlarge Your
petitioner on bail on such terms and
conditions as may be deemed lit and
proper and pass such ad interim order in
the lads of the case, and/or pass such
further orders and/or order as may be
deemed fit and proper.

And the petitioners as in duty bound shall ever pray.

AFFIDAVIT

Noor nabi sekh, aged about 29 years, S/O Lt. Akbar sekh of Bogdahara,Chak
Uparsole,Bishnupur,District- Bankura,Pin-722164, do hereby solemnly affirm and say as the
followings:

1.I am aware of the facts and circumstances of the present suit based upon the plaintiff
maintained in the ordinary course of business and I am duly competent to swear and file the
suit alongwith affidavit.
2. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instruction and contents of the same are true and correct.
3. I say that the documents filed along with the plaint are true copies of originals.

…………………………….
Deponent
Identified by me
………………………………
Advocate

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 5. ANTICIPATORY BAIL- U/S 438

IN THE COURT OF THE LD. DISTRICT AND SESSIONS JUDGE AT ALIPORE

CRIMINAL MISC. CASE : OF 2024

DISTRICT: South 24 Pgs.

First Application for Anticipatory bail, before Ld. District and sessions Judge at Alipore u / s.
438 of Cr.P.C. in connection with Kasba Police Station C. R. No. I – 123 / 2022 registered
under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P.
Act.

SUDIP GHOSH,
Age 35 years, Occ. Business,
S/O- BIJAN GHOSH,
of 20,Chakdah Govt. Colony,
Kasba, Dist.: Kolkata
...............................................
Applicant

V/S

THE STATE OF WEST BENGAL

[ kasba Police Station
..............................Respondant
TO,
THE HONORABLE CHIEF JUSTICE AND THE OTHER HONORABLE
COMPANION JUDGES OF THE HONORABLE HIGH COURT OF JUDICATURE
AT BOMBAY.
THE HUMBLE APPLICATION OF THE
APPLICANT ABOVENAMED ACCUSED PERSON

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MOST RESPECTIFULLY SHEWETH:
1. The Applicants approaches this Hon’ble Court with the prayer that this Hon’ble
Court may be pleased to exercised its jurisdiction under section 438 of Cr. P. C.
and the Ld. court may be pleased to release the Applicant above named on bail
on any suitable terms and conditions, as this Hon’ble Court may deem fit and
proper, in the event of his arrest in connection with the Kasba Police
Station C. R. No. I – 623 / 2023 registered under Section 307, 392, 323, 143,
323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act.
2. The brief facts of the prosecution case as revels from F.I.R. are as under:
The complainant Ramesh Roy , R/o. Kasba has lodged FIR against the applicant and others
on 15/12/2023 at 4:30 a.m. in respect of the incident that allegedly took place on 15/12/2023
at 2:00 a.m.
The complainant has alleged that he was having love affair with one Ashu, i.e. the daughter
of the present applicant since last 6 month and when her parents came to know about the
same, they stopped her college and tuitions since three month and therefore the complainant
could not meet her and they were communicating on phone or through SMS. It is alleged that
prior to 2 – 3 days the said Ashu asked the complainant to meet her on 15/9/2022 at 2:00 a.m.
It is alleged that accordingly the complainant went near the house of said Ashu and was
waiting for her; however she did not came. It is alleged that while the complainant was
proceedings towards the house of the said Ashu i.e. Applicant’s house, he was given blows
by sharp edged weapon on his head and back and thereafter he fell down and he was
assaulted by fist and blows. The complainant further alleged that the accused thereafter took
him near the house of ABC / Applicant and he was thrown there and thereafter Police came
to the spot and he was taken to the local Hospital. The statement of complainant was recorded
and offence was registered against the Applicant and others vide Kasba Police Station C. R.
No. I – 623 / 2023 registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149
of I.P.C. and 37(1)135 of B. P. Act.

Here to annexed and marked as “Exhibit – A ” is the Copy of the said F.I.R. in Kasba Police
Station C. R. No. I – 623 / 2023.
3. The Applicant states that the FIR lodge by the complainant is absolutely false and
on the contrary the complainant tried to outrage the modesty of one Ms. YZA i.e.
the niece of the present applicant. She has contended that she slept in her house

27 | P a g e
along with her family members on that day and she wake up at about 1:30 a.m.
on 15/9/2013 for answering natures call and while she was proceeding to
bathroom, which is at a distance of 50 feet from her residence, one person i.e.
Ramesh Rai hugged her from behind in indecent manner and she started
shouting and her family members gathered and caught him. At that time while he
was trying to escape, he felled down and sustained injuries on his head. At that
time the Applicant made phone call to police and they took Ramesh along with
them and the complainant thereafter lodged FIR against said Ramesh Roy and
on the basis of said complaint offence came to be registered against said
Ramesh
Rai vide Tiljala Police Station C. R. No. I – 456 / 2022 under Section 354 of
I.P.C. Here to annexed and marked as “Exhibit – B” is the Copy of the said
F.I.R. in Tiljala Police Station C. R. No. I – 456 / 2022
4. The Applicant states that after the said incident one YZA (sister-in-law of the
Applicant) called the police to the said spot and she immediately went to the
Police Station; however instead of recording complaint of YZA, the Police first
recorded the complaint of said Ramesh Rai and initially the YZA was made to sit
in the Police Station and then she was arrested and some other accused were
also came to be arrested
The Applicant states that the Applicant was a councilor of Calcutta Municipal Corporation in
the last term and presently his wife is the councilor of said Council.
The Applicant states that the Applicant is a active worker of Ruling Party and he is also
associated with various social and welfare activities in Kasba. The Applicant is falsely
implicated in the alleged office on account of political motive.
5. The Applicant states that in the circumstances the Applicant preferred an
Application for Anticipatory bail bearing No. 555 / 2022 and after hearing both the
side the Ld. Addl. Sessions Judge, Kalyan by an Order dated 30/9/2022 rejected
the said Application. The Copy of the said Order dated 30/9/2022 passed by the
Ld. Addl. Sessions Judge, Kalyan below Exh. 1 in Cri. Anticipatory Bail Appln.
No. 555 of 2022 is annexed herewith and marked as “Exhibit – B”.
6. The Applicant states that the investigation of the offence has been practically
completed considering the facts and circumstance it cannot be said that any offence U/S 307
of IPC has been made out by the complainant. The applicant states that

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 for the reasons stated above the applicant above named has reasons to believe
that he may be arrested by the police on the accusation of having committed a
non-bailable offence and therefore the Applicant approaches this Hon’ble Court.

GROUNDS

1. That the Applicant is innocent and he is falsely implicated in the alleged

offence. He has nothing to do with the alleged offence.
2. That assuming the allegations made by the prosecution true for the sake of
argument, the incident occurred in such situation that it can be seen that there
was neither any motive nor intention to kill the complainant and as such the
present applicant cannot said to have committed an offence punishable u/s.
307 of I.P.C.
3. That the Complainant is residing at Apte Wadi and where as the accused
Applicant are residing at Navin Shinde Wadi and considering the distance,
there was no reason for the complainant to come near the residence of the
Applicant at about 2:00 a.m. and that itself show the mala fide intentions of
the complainant.
4. That the complainant was admitted in hospital from 15/12/2023 to
26/12/2023 and he has been discharged from the hospital and even injuries
sustained by him are not serious. That apart the alleged weapons of assault
and the mobile has been recovered and as such the presence of the
applicant for custodial interrogation is not necessary.
5. That no overt act what so ever has been attributed to the present applicant
Th
6. That taking in to consideration the totality of the circumstance by no stretch of imagination
it can be said that the applicant can be held guilty of the offence punishable u/s. 307 of I.P.C.
punishable with death or imprisonment for life.
7. That the Applicant is residing at the address mentioned herein above, along with his family
and as such he will not abscond anywhere if he is released on bail.

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8. The Applicant undertakes that he shall make himself available for interrogation by the
police officer, in connection with this offence as and when required.
9. That the Applicant was elected as councilor of Ramnagar Municipal Council and he has
been implicated in the said offence with some mala fide political motive;
10. That offence u/s. 354 of IPC is registered against the Complainant and it was the
Applicant’s sister in law, who made a phone call to the Police for informing the said incident
to police and only on the basis of phone call made by her, the Police visited the spot.
11. That as per the observation of medical officer, the complainant sustained the injury due to
blunt object and it falsifies the allegation of the complainant that the injury was caused by a
sharp edged weapon and considering the nature and place of injury the allegations made by
the complainant that he was assaulted from the back side are apparently false and on the
contrary it support the story narrated by Ms. Varsha.
12. That the Applicants craves leave to add, alter or amend any of the ground
aforesaid.
13. That the accused Applicants are ready and willing to furnish reasonable
surety that this Hon’ble court deem fit.
14. That the Applicant is ready and willing to abide by the terms and conditions
put by this Hon’ble court, if he is released on anticipatory bail.
15. That the accused Applicant will not misuse the liberty and will not tamper the
evidence.
16. That there are no criminal antecedents against the Applicant.
17. No other application is filed in High Court or any other Court regarding the
Subject matter.
In the circumstances aforesaid the Applicants prays that,
a) The Accused Applicants above named may please be released on bail in the
event of his arrest in connection with Kasba Police Station C. R. No. I – 623
/ 2023 registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148,
149 of I.P.C. and 37(1)135 of B. P. Act. on such terms and condition as this
Honourable Court may deem fit and proper.
b) That pending the hearing and final disposal of this application the applicant be
released on interim bail in the event of his arrest, in connection with the
Ramnagar Police Station C. R. No. I – 123 / 2022 registered under Section 307,
392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act
on such terms & conditions as this Hon’ble court deem fit and proper;
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c) Ad-interim relief, in terms of prayer clause (b) above.
And for this act of kindness your petitioner as in duty bound shall ever pray.

VERIFICATION

I, the abovenamed petitioner, do hereby solemnly affirm and declare that the abovementioned
paragraphs are true and to the best of my knowledge and belief and I sign this verification on
within the court compound.

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 6. COMPLAINT PETITION- U/S 200 CRPC

BEFORE THE COURT OF THE LEARNED CHIEF METROPOLITAN

MAGISTRATE, KOLKATA

Police station – New Market

In the matter of:
An application under section 200 of the Code of
the Criminal Code of Criminal Procedure, 1973;
-And-
In the matter of:
Commission of an offence punishable
under section 500 of the Indian Penal
Code;
-And-
In the matter of:
Faiz Ahmed Khan
Son of Javed Ahmed Khan,
Councillor to Ward no. 6 of Kolkata
Municipal Corporation, residin at 7/1
Talbagan Lane, Kolkata-700017
Complainant
-VS-
1. Sk. Mannoueeruddin @ Sk. Sontu,
Son of Sk. Kochimuddin,
Residing at 25, C.N. Roy Road, P.S.
Tiljala,Kolkata-700039.

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 2. Nanda Dulal Bhattacharya,
Nation 1 Voice Bangla,
You tube Channel
... Accused/Opposite Party
The humble petition of the
Complainant above named-

Most Respectfully Sheweth :-

1. That the complainant, is an elected Councillor with respect to Ward No. 66, an
administrative division of the Kolkata Municipal Corporation (K.M.C.) in Borough No.
and is dispensing his services to best of his abilities and to the satisfaction of the said
public office since 2015. The complainant is also an established businessman of high
repute. The complainant through dint of years of his hard-work, has established
immense good will among the people of his ward, his peers and the public in general.
The people in the ward of the complainant, his peers and the public in general, hold the
complainant in high esteem on account of his sterling dedication to public service and
superlative track record. The complainant has hitherto enjoyed a sterling reputation and
there has been no imputations to the contrary.
2. That the complainant, hails from a renowned, respected and well-established
family. The father of the complainant, Mr. Javed Ahmed Khan is a respected and
responsible public figure, being holder of public office, i.e. Minister- In- Charge of
Department of Disaster Management and Civil Defence, Government of West Bengal,
discharging his services to the satisfaction of the people to the best of his ability and
have considerably gained trust and confidence of people at large over years of public
service. The said Mr. Javed Ahmed Khan and his family including the complainant have
worked tirelessly over the years for the up-liftment and progress of the people at large
and have devoted their life for the said noble cause.
3. That the complainant has been successfully discharging his duties as Councillor
of Ward No. 66 under Kolkata Municipal Corporation sincerely and to the best of his

33 | P a g e
ability. Through the course of rendering the said services for a period of 5 years, the
complainant, by dint of is sterling public services, as clamed himself humongous goodwill
among his peers and people at large. Alongside, the complainant is admired and respected for
his impeccable conduct, and there has never been any whisper of an)
imputation to the contrary.
4. That the complainant was informed by friends and well wishers who said that
he complainant had fallen in their esteem after they saw that on 19.11.2019, the
opposite party no. 2 through his You Tube channel, being Nation 1 Voice Bangla, had
published a video on an online video publishing platform namely "You Tube". The
complainant was informed that in the said video, the opposite party no. 1 had claimed
that he is the owner of approximately 13.5 bighas of land in Mouza - Nonadanga under
the jurisdiction of ward no. 108 of the Kolkata Municipal Corporation; Further, the
opposite party no. 1 has alleged in the said video publication that the complainant is
involved in filling up of water bodies and land grabbing activities in and around the said
areas and has further illegally occupied the said 13.5 bighas of land of the opposite
party no. 1 and is causing illegal construction on the said lands. It was further alleged by
the opposite party no. 1 that over the past two years the opposite party no. 1 has
approached the police authorities, the office of the Hon'ble Governor and the Hon'ble
Chief Minister thereby ventilating his aforesaid grievances but all have failed him.
5. That upon receiving information thereof, the complainant saw the said video
published for the public at large by the opposite party no. 2 through his You Tube
channel, being Nation 1 Voice Bangla, at the official website of You Tube, and also
perused the write up which accompanied the video on the said platform, which runs as
of a Facebook post made by the opposite party no. 1 on 21.11.2019, wherein the
opposite party no. 1 had posted the aforesaid video along with a post/write up on ar
online social platform namely, "Face-book"
The Post runs as follows
Ward no. 108 in ward no. 108 and disrespect the hon'ble Chief Minister, deprived of the
real owner and the real owner, the councillor and his pet of the ward no. 66. The
opposition of the society.

34 | P a g e
[hereupon, the complainant read the said publication published to the public at large
and obtained a printout of the said post dated 21.11.2019 from his computer termina
using his printer from the website of facebook and simultaneously certified he
computer printout under section 6SB of the Indian Evidence Act, copies whereof are
annexed he…
: malicious, frivolous and defamatory contents of the said video and posts before the said
public forums against the complainant have caused deliberate publication of the false
defamatory allegations the social sphere of the complainant, and thereby caused
irreparable damage to the moral and intellectual standing of the complainant in the eyes
of the society.
6. That in the said you tube video and facebook post, various false and defamatory
allegations have been levelled against the complainant and the complainant has been
libellously described as a land mafia and an anti-social, Councillor to Ward no. 66 of the
Kolkata Municipal Corporation, who has illegally and forcibly occupied 1 3.5 bighas of
ancestral land belonging to the opposite party no. I and has cause…
same with an objective to capture land and properties and cause illegal construction of
buildings in the aforesaid said areas. The said defamation is per se defamatory.
19.1 1.2019 and face book post dated 21.11.2019 made by the opposite parties, from the
computer terminals situated at their residence. The said persons having thus, viewed and
read the aforesaid you tube video and face book post addressed by the opposite parties,
had taken the contents thereof to be true and was thereon swayed into believing the false
allegations made therein. The complainant was shocked and aghast. The said Vivek
Singh and Asgar Ali, told the complainant that they had held the complainant in high
esteem but after going through the contents of the face-book post in question they now
had reservations about the integrity, chivalry and morality of the complainant. Inspite of
being informed that the accusations levelled against the complainant is not only baseless
but is totally devoid of any factual foundation and has been made only with the
intention of tarnishing the image of the complainant, the said persons refused to buy the
complainant's story.

35 | P a g e
 7. That the contents of the said video and post are defamatory of the complainant
in character and spirit and. constitutes libel on the complainant. The words are intended
to bring the complainant into ridicule, hatred, disrepute, contempt and disparage and
cast aspersions on the complainant's character. Moreover, he contents of the aforesaid
video and post tend to lower the image and reputation of the complainant and cause the
complainant to be shunned and avoided by right thinking people at large. The intent of
the said words is to malign the complainant and injure his reputation and humiliate the
complainant story publication of the defamatory article to the society at large, including the
aforesaid Vivek Singh and Asgar Ali The complainant holds public office, the same being
Councillor to ard no. 66 and various honorary posts in various institutions and has
been awarded with various prestigious awards. The complainant has respectable
position in the Society and due to the defamatory statements made by the accused
person, is reputation and/or position in the eyes of his friends, well wishers, has been
lowered. The said defamatory statements were made by the accused persons with mala-
fide intent and with full knowledge that the said defamatory statements were false in
nature and without any basis. The said defamatory statements had been made and
published/posted by the accused persons on the said social forum with the sole purpose
of harming the reputation of the complainant.
8. That the complainant has thereafter been approached y the other witnesses
who have expressed their deep anguish at the purported role and behaviour exhibited by
the complainant as described in the said defamatory you- ube video and face-book post
Consequent to the aforesaid publication by the accused, its consumption has been made
by the witnesses at several occasions including at places, which is situated within the
jurisdiction of Your Honour's Court After coming to know about the contents of the
said video and post, the witnesses have expressed their shock and anguish for the falsely
attributed action of the complainant, asking the contents of the said article to be true. It
is us apparent also well established hat due t publication/posting of such
defamatory substances by the accused persons, the reputation of the complainant, as
held in the eyes of his peers, members of the Society, and the public in general has been

36 | P a g e
irretrievably damaged
9.. That the complainant had issued notices dated 02.12.2019 through his Learned
Counsel vide speed post, India post t the opposite parties in connection with the
That it is apparent that the said article was written by the opposite party and.,
due to such act of posting of defamatory statements against the complainant on social
media, he reputation of the complainant has been lowered in the eyes of the members
of the Society, his peers, and the public in general. The accused has caused deliberate
aforesaid defamatory you web video dated 19,.11.2019 and facebook posted
21.1 1.2019 uploaded and posted by the opposite parties, thereby seeking apology¥ and
removal of the said video and post from the said online platforms within 72 hours of the
receipt of the said notices. But the opposite parties have not apologized thereafter
Copy of the said notices dated 02.12.2019 is annexed here-with and marked with letter
"C".
10. It is pertinent to mention that the opposite party no. 1 had on a prior occasion
committed similar offence punishable under section 500 of the Indian Penal Code. A
complaint case being CS/38633/19 had been registered at the behest of the complainant
against the opposite party no. 1 before Your Hon'ble Court and the same is pending
adjudication before the Ld. 15" Metropolitan Magistrate at the stage of recording of
plea.
11. That accused person has has committed an offence punishable under Sector
500 of the Indian Penal Code.
12. That the complainant possesses sufficient evidence in his favour in order to
prove the guilt of the accused
In the circumstances t is prayed that Your
Honour may be graciously pleased to take
cognizance of the offence under section
500 of the Indian Penal Code and after
examining the complainant and his
witnesses, issue process in the name of
the accused persons and in the event the

37 | P a g e
 accused are found guilty of the charge
under Section 500 of the Indian Penal
Code, grant adequate compensation to the
complainant as per the provisions of
Section 357 of the Code of Criminal
Procedure and/or to pass such incidental
and/or consequential order or orders so as
to Your Honour may appear fit and proper.

And your complainant ai in duty bound shall ever pray.

Witnesses:
1. Complainant
2. Vivek Singh
3. Asgar Ali
4. Others.
Documents:
.A pendrive, of the make San disk bearing id no. SDCZ50-016G bearing You-tube,
video dated 19. 1.3 .2019 created and published by the opposite parties.
2, Face book post dated 21. .11.2 2019 published by the opposite party no.
. Certificate under section 65B of the Indian Evidence Act, accompanying the pen-drive
1 containing the aforesaid you tube video
. Certificate under section 65B of the Indian Evidence Act, accompanying print out of the
aforesaid Facebook post.

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 AFFIDAVIT
I, Faiz Ahmed Khan son of Javed Ahmed Khan, aged about 35 years residing at 91/1
Talbagan lane Kolkata
1. am the complainant, a aforesaid. That am will conversant with the facts and
circumstances of the instant case. I am otherwise competent to make and affirm the
present affidavit.
2. The statements contained in paragraphs nos. 1-6, 13-15 made herein above are true to my
knowledge and paragraph'nos. 7-12, 16-17 including prayers made herein above are my
respectful submissions before this Learned Court.

Identified by me
Deponent
Advocate

39 | P a g e
 7. WRIT PETITION & PIL- ARTICLE 32 & 226 OF INDIAN
CONSTITUTION
A) WRIT PETITION ARTICLE 32
IN THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI

(CIVIL ORIGINAL JURISDICTION) PUBLIC INTEREST LITIGATION

WRIT PETITION (CIVIL) NO.___________ OF 2020
(A Petition in the nature of Public Interest Litigation filed under Article 32 of
the Constitution of India praying for a writ of Mandamus or any other
appropriate writs seeking issuance of specific Directions for the extension of the
moratorium period for at least three months from 31st August, 2020 to 31st
November,2020 [ Last Moratorium Extension Circular RBI/2019- 2020/244
DOR. No. BP.BC. 71/21.04.048/2019-2020] till the time court reopens with the
direction to all the banks to kindly adhere to the same so as to bring a relief for
the public interest at large wherein a lot of legal professionals and other sectors
like Transport, Tourist Industry are helpless in this situation.)
IN THE MATTER OF:
1. Vishal Tiwari
S/o. Mahendra Prasad Tiwari Age 36, R/o. B-2,
Indira Gandhi Nagar, Bharatpur, Rajasthan. 321001 At
present House No.1,
Nangli Razapur Near Sarai Kale Khan
Nizamuddin East. 110013 ... Petitioner
VERSUS
1. Union of India, through Secretary Ministry of
Finance, North Block, Central
Secretariat, New Delhi.
2. Delhi – 110001. AND
Ministry of Home Affairs, Through secretary
North Block, Central Secretariat,
New Delhi, Delhi 110001.
40 | P a g e
 3. Reserve Bank of India
Through The Governor,
Shahid Bhagat Singh Road,
Mumbai-400 001 ……All Contesting Respondents
A WRIT PETITION CIVIL IN THE NATURE OF
PUBLIC INTEREST
LITIGATION IS FILED UNDER ARTICLE 32 OF
THE CONSTITUTION
OF INDIA PRAYING FOR A WRIT OF MANDAMUS
OR ANY OTHER
APPROPRIATE WRITS SEEKING ISSUANCE OF
SPECIFIC
DIRECTION TO EXTEND THE RELIEF BY
STRETCHING UP THE MORATORIUM PERIOD
AFTER 31ST OF AUGUST 2020 FOR ATLEAST A
MINIMUM OF THREE MONTHS OR ELSE SUCH
NO RELIEF WITH THE DEMAND OF
SUBSEQUENT LOAN INSTALLMENTS WOULD
LEAD TO THE VIOLATION OF THE
FUNDAMENTAL RIGHT OF LIVELIHOOD &
DIGNITY ENSHRINED UNDER ARTICLE – 21 OF
THE CONSTITUTION OF INDIA AND SUCH
RELIEF OF EXTENDED MORATORIUM IS TILL
31ST AUGUST, 2020 UNDER THE CIRCULAR
RBI/2019-2020/244 DOR. No.
BP.BC.71/21.04.048/2019-2020.

To,
The Hon’ble Chief Justice of India
And His Companion Justices
Of the Supreme Court of India.
The Writ Petition of the
Petitioner above named
MOST RESPECTFULLY SHEWETH
1. The present Writ Petition civil in the nature of Public Interest Litigation is

41 | P a g e
filed under Article 32 of the Constitution of India by the Petitioner to enforce
the fundamental rights, particularly the Right to Livelihood and Right to Dignity
which is enshrined under Article 21 by increasing the Moratorium period for at
least three months so as to heal the financial situation of the legal professionals
as the courts are also not functioning well due to this present pandemic
therefore there is no source of income for such professionals.
ARRAY OF PARTIES
2. The Petitioner is a citizen of India, who is a practising Advocate in Supreme
court of India and a regular member of Supreme court Bar
Association (SCBA). Petitioner is always vigilant about the Supreme court of
India’s Judgements and guidelines issued from time to time for the protection
and safeguard of the Fundamental rights of the citizens. The petitioner PAN
card No. is AHRPT8051C and e-mail address is [email protected]
3. The Petitioner does not have any personal interest or any persona gain or
private motive or any other oblique reason in filing this Writ Petition in Public
Interest. The Petitioner has not been involved in any other civil or criminal or
revenue litigation, which could have legal nexus with the issues involved in the
present Petition. No similar petition has been filed before this court and any
High court.
4. The Respondent No. 1 is the Union of India, represented by Ministry of
Finance, which is the appropriate ministry dealing with safeguarding the
financial policies of our country.
5. The Respondent No.2, the Reserve bank of India, Represented by its
Governor, which is appropriate authority for the extension of moratorium period
and granting financial relief during COVID19.

FACTS OF THE CASE

6. The emergence of COVID 19 pandemic in India has brought a drastic
financial difficulty along with the health disaster that is going on in this country.
Various people have lost jobs during this situation of biological emergency and

42 | P a g e
various professionals and independent litigators have gone through real
financial hardship. Due to the lockdown scenario in the country because of the
pandemic, it has become a real struggling issue to pay off the monthly loan
instalments as there is no constant and secured income of the legal professionals
and independent litigators due to the closure of the physical hearing in various
Courts of the country including the Supreme Court of India. The Reserve Bank
of India Notice RBI/2019-2020/186 DOR. No. BP.BC. 47/21.04.048/2019-20
dated 27th March,2020 was brought in to grant the relief of suspension of
monthly loan instalment and the Notice RBI/2019-2020/244 DOR. No. BP.BC.
71/21.04.048/2019-2020 dated 23rd May, 2020 was again brought in to extend
the relief for another 3 months that is till 31st, August, 2020. However, the
closure of the court as per the lockdown notification till 31st August, 2020
without any physical hearing in various courts of the country has brought in the
problem to various legal professionals which is a significant number to think
upon. Therefore, if after 31st August, 2020, the instalments are demanded by the
bank, the individuals will be in a real struggle and hardship to pay such installment with no
income in hand and that action would directly lead to the infringement of fundamental
right of livelihood and dignity enshrined under Article 21 of the Constitution of India.
7. That the petitioner himself is the borrower from the few banks. A vehicle/car
loan is running on the petitioner from the Axis bank limited. The loan under
Pradhan mantri mudra yojna (PMMY) also exist, the lender is Punjab National
Bank (PNB) MSME Branch Barahkhamba Road, New Delhi. Petitioner has also
credit cards issue by PNB and canara Bank And few other personal loan is also
running from the India bulls finance limited. The petitioner has to pay
Approximately ₹20,000 as in Total EMI’s to the various Financial Institutions.
Till now Petitioner EMI’s are deferred as to the Moratorium Given.
8. The petitioner like other professionals is also a practising lawyer in Supreme
court of India, he is also among the legal fraternity who is passing through the
present economic crises. The earning of petitioner/lawyers solely depends upon
the practise. In Delhi till 31st August 2020 All courts including Supreme court of
India will not functioning physically, neither there is Access to the public/clients

43 | P a g e
to the premises as it was in Normal days. The most of young lawyers depend
upon the fresh cases for the earning and
to carry out their monthly expenses. In the present time when the functioning of
the courts are restricted to the limited working and that is also through online
mode only, which is very hard for the professionals/Lawyers it is very difficult
to earn the money for the monthly expenses. Hen the days were normal than we
earned sufficient to run and mange our expenses and the petitioner also paid
Income Tax. But as the time has changed and entire world is facing economic
crises due to lockdown in pandamic than the hardship of the
professionals/lawyers shall be understood.

8. like this there are several other sectors who are facing serious financial crises
during this period and requires more moratorium period to overcome the crises.
some of them are Transport sector, Travel agencies including Drivers, Tourist
guides and others who are part of tourist Industry.
9. The maximum Number of population is self employed, professionals/service
sector or running small business whose work and earning has suffered a lot in
the present COVID19 period and during lockdown.
10. The lending institutions adopted illegal and violent methods for the
recovery. Several incidents have been reported through out the country.
Recently a very terrible incident took place in Agra. Employees of a finance
company allegedly seized control of a bus with passengers sitting inside in Uttar
Pradesh’s Agra on Wednesday over non-payment of loan taken by the owner of
the vehicle.The incident reportedly took place in the Malpura police station in
Agra UP on Wednesday morning when the bus was enroute to Gwalior in
Madhya Pradesh from Gurgaon in Haryana, according to the police.
As per initial reports, some men stopped the private bus after it crossed Raigad
toll near New Southern Bypass in Agra. The recovery agents of the finance
company allegedly seized control of the vehicle as 34 people sat inside. People
who got off the bus informed the police that representatives of the finance

44 | P a g e
company had boarded the vehicle. Preliminary information reveals the bus has
been taken away by the people from a finance company which had financed this
bus. A case has been registered and police teams formed to search for it. Such
activities are against the law and order.

GROUNDS
A. Because by the circular dated 6.8.2020 Reserve Bank of India has only
allowed the Restructure of the Term loans of Micro, medium and Small
Enterprises (MSME’s) with some limitations. Moratorium has not been
extended as per to this circular. Restructuring is not going to help the service
sector (Professionals/lawyers) nor to the Tourism Industry, Drivers ,Tourist
Guide and others who are self-employed and passing through the hard times due
to the slump in their work and profession.
B. Because the earning of service sector (Professionals/lawyers) solely depends
upon the practise. In Delhi till 31st August 2020 All courts including Supreme
court of India will not functioning physically, neither there is Access to the
public/clients to the premises as it was in Normal days. The most of young
lawyers depend upon the fresh cases for the earning and to carryout there
monthly expenses. In the present time when the functioning of the courts are
restricted to the limited working and that is also through online mode only,
which is very hard for the professionals/Lawyers it is very difficult to earn the
money for the monthly expenses. Hen the days were normal than we earned
sufficient to run and mange our expenses and the petitioner also paid Income
Tax. But as the time has changed and entire
world is facing economic crises due to lockdown in pandamic than the hardship
of the professionals/lawyers shall be understood.
C. Because Lockdown has brought great disparity within various sections of the
society across the country, so much so amongst the legal professionals who have
been deprived of their day to day professional work. In the legal arena of our
country, things are set to take a paradigm shift. We all are aware that some of

45 | P a g e
the legal professionals in India are well established and their image in the public
is that of who move around in Audis and BMWs, who have become rich on
charging hefty counsel fees. However this section of rich lawyers is a small
fraction and majority of lawyers, especially in the lower courts, who function on
a case-to-case basis and when the courts do not function, their economic
condition, becomes precarious. The noble profession of advocacy is balanced
only due to the service being provided by this majority section.
D. Because the entire legal profession has come to halt, Lawyers have been
deprived of their work due to imposition of nationwide lockdown. On
imposition of the lockdown with an insistence on social distancing, the
Judiciary, from the Supreme Court of India to the lowest court in the pyramid,
has decided that they would only attend to extremely urgent matters through
video conferencing. What counts as an urgent matter has been left to the
discretion of the court officials, for example, a lawyer has to file a petition
online with the court officials who will look into the urgency of a matter and
will decide if it should be listed before the Court or not. In this manner only
limited numbers of cases are being listed in the Courts, which are approximately
less than normal listing of the cases. Due to the imposition of complete
lockdown and curfew etc. and on account of restricted movements, our clients
are also not able to reach in order to meet or take assistance of their lawyers.
Thus in present scenario it can be said that the legal profession in the country
has been halted. The struggling lawyers were not fully prepared for this rough
patch situation due to the Corona virus pandemic. In the lawyers’ circles, we
often state that the vast majority of lawyers are almost daily wage workers
particularly the junior lawyers. These young lawyers have to face such
economic distress even when the courts go on for two months vacations. In
many lawyer households, the preparation for such vacations starts at least a
month earlier, when expenses are cut to brace for the impact of holidays. A
person who has
to especially carryout professional activity won’t be able to earn anything for

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his livelihood unless he works.
E. Because there are several other sectors who are facing serious financial crises
during this period and requires more moratorium period to overcome the crises.
Some of them are Transport sector, Travel agencies including Drivers, Tourist
guides and others who are part of tourist Industry. The worst situation in the
country is being seen in the automobiles and aviation sector. At the same time,
the hospitality and service sectors are also running in a very bad condition. All
the sectors work has come to a standstill, due to which either the employees are
being fired or sent on paid leave. Even the salary is being reduced from 40 to 60
percent. The road transport sector in India is highly distressed, reeling in deep
financial crisis due to fallout of corona-induced lockdowns and there is little
hope of its revival in the current Financial Year. The critical condition of the
road transport sector is impacting more than 20 crore people, directly and
indirectly,” AIMTC said in a letter to the RBI Governor. Urging it to extend the
moratorium on payment of loans, it said after the extension of current
moratorium period till August 31, 2020, majority of transporters are merely
making break-even
F. Because lending institutions create nuisance when EMI”s are missed or not
paid even for one month. For recovery of the EMI the lending
institutions/Banks they adopt illegal and violent methods, which are against law
and order. They snatch the vehicles from the borrowers. Sometimes these things
turn violent nd physical injuries are caused to the people/borrowers. When still
several sectors are facing slump and even after 31st August they will not be able
to pay the debts than such incidents will occur which will create more
disturbances in the Nation. Petitioner also receives threatening calls During this
period.
Recently a very terrible incident took place in Agra. Employees of a finance
company allegedly seized control of a bus with passengers sitting inside in Uttar
Pradesh’s Agra on Wednesday over non-payment of loan taken by the owner of
the vehicle.The incident reportedly took place in the Malpura police station in

47 | P a g e
Agra UP on Wednesday morning when the bus was Enroute to Gwalior in
Madhya Pradesh from Gurgaon in Haryana, according to the police.
As per initial reports, some men stopped the private bus after it crossed Raigad
Toll near New Southern Bypass in Agra. The recovery agents of the finance
company allegedly seized control of the vehicle as 34 people sat inside. People
who got off the bus informed the police that representatives
of the finance company had boarded the vehicle. Preliminary information
reveals the bus has been taken away by the people from a finance company
which had financed this bus.
G. Because no relief or any financial Aid in the shape of loan has been given by
the Government to the Lawyers/Service sector, So that they could recover from
this financial crises. Honorable Supreme court of India ttok Suo Moto
Cognizance of the issue in Suo Moto Writ petition civil No.8/2020 and issued
Notices to the Central Government. The issue for granting Interest free loan of
₹300000 (Three lacs) and other financial Aids were also included in the matter.

But till now no response or no any Scheme has been launched by the
Government for relief to the lawyers.
H. Because the lawyers and other sector due to slump in their work which has
caused shortage of funds and obstruction in cash flow, will not be able
to repay their Debts/EMI”s Suddenly after 31st of August which is the end of
moratorium period. More time is needed to for their work to come on track. Till
then Moratorium relief is required in the public Interest.
11. That the Petitioner has not filed any other Petition before this Hon’ble Court
or before any other Court seeking the same relief.
PRAYER
In the said premises it is most respectfully prayed that this Hon’ble Court may
graciously be pleased to:
Issue writ of mandamus/directions to the Respondents to Extend the
Moratorium period till 31st December 2020 [ Last Moratorium Extension

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Circular RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020 dated
23.5.2020] till the time court reopens with the direction to all the banks to
kindly adhere to the same for the Lawyers/Service Sector, Transport and Tourist
Industry including Drivers, tourist guides and other covered under these sector
and Defer the EMI payment on Term loans;
ii. Direct the respondents to ensure that the lending Institutions Shall not use
any kind of illegal, Violent, threatning and harassing methods against borrowers
for the recovery loan Installments; And further Direct that in case such Acts are
committed by the lending Institutions than Strict Action shall be taken against
them in Accordance with law.
Pass such other appropriate relief which this Hon’ble Court may deemed
fit in the facts and circumstances of the case.
FOR THIS ACT OF KINDNESS THE PETITIONER/APPLICANT HEREIN
AS IN DUTY BOUND SHALL EVER PRAY.
DRAWN ON- 20.08.2020
FILED ON – 21-08-2020
DRAWN BY FILED BY

(Advocate Supreme court of India)

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 B) WRIT PETITION ARTICLE 226
District......................

In the High Court at…………, Constitutional writ jurisdiction

……………Petitioner
versus
……………Respondent

To
Hon'ble Mr. ......................
Chief Justice and His Companion Justices of the said Hon'ble Court
The humble petition of and on behalf of the petitioner above-named

Most Respectfully Sheweth:

1. The petitioner is a citizen of India and is also the President of......................, an

unincorporated Association of persons formed on......................by eminent citizens
of......................at a general meeting held at............... with the object, inter alia, of
protecting the ecology and environment of the country with particular emphasis on the
preservation of national heritage buildings and architectures......................as well as
for upholding the Constitutional and Legal Rights of the Citizens of India, particularly
of the persons belonging to economically-weaker section of the society and living
within the municipal area of......................The petitioner craves leave to refer to and
rely upon the aims and objects of the said......................at the time of hearing, if
necessary.
2. The petitioner is also an Ecologist and having a specialised knowledge in ecology
and environment.
3. The instant application is being filed by the petitioner for and on behalf of
the......................as well as representing the weaker sections of the community
residing within the municipal area of......................seeking a writ or order or direction
in the nature of mandamus upon the Respondents Nos. 1 and 2 commanding them to
forbear from changing or disturbing the environment and ecological pattern of the
land in respect of one large water- body situated in...................... under the jurisdiction
of the......................for the ostensible purpose of construction of a cinema building at

50 | P a g e
 the instance of Respondent No. 2 to be financed by the Respondent No. 1 or for any
other purpose which might cause any such disturbance of ecology and environment.
4. The petitioner submits that such constructions, if effected, would not only cause
disaster to the ecology and environment of the municipal area and in particular the
south western portion of the town, but it would be in violation of the draft outline of
Development Plan of the Greater Mumbai prepared for the......................under
the......................and the said plan prohibits inter alia, filling up of any water-body
covering an area beyond 200 sq. m. the petitioner craves leave to refer to a copy of the
said draft plan, at the time of hearing, if necessary.
5. The land on which such water-body is situated is owned by the Commissioners
of......................Municipality for the purpose of converting the same into a green park
and a swimming pool attached to it for the health and welfare of the residents and rate
payers of the municipal area concerned but at present it is being used for pisciculture
and which is being used by leasing out from time to time to different agencies for the
purpose of pisciculture in order to accumulate the necessary finance for the ultimate
object of laying the park and setting up the swimming pool and funds have been set
apart for the same.
6. In course of time, almost the entire area round the said water-body has been built
up by raising one school building besides residential complexes and a market place
and the water-body in question is the only water-body in the area.
7. The petitioner has come to know that the Commissioners of the Municipality
concerned are now devising various strategies to change the land use pattern of the
said water-body by filling up the same as also by destroying the surroundings
jeopardising the health and sanitation of the residents of the area in gross violation of
the Constitutional Rights of the people of the area and the pupils of the educational
institution close by as also in violation of the Town and Country (Planning and
Development) Act 1979 and the Environment Protection Act 1986.
8. The Government has already taken steps for protection of wet-lands and in this
regard has published an approach paper.
9. The State Government has also published a similar policy document for
preservation of the wet-lands.
10. That the Respondent No. 1 is a company engaged in manufacturing iron rods
having a Rolling Mill at Liluah in the district of Howrah and it is a stranger to any
cinema business but in order to augment its income has surreptitiously come to an
understanding with the Respondent No. 2 to start a cinema business by providing the
finance. The Respondent No. 2 is just a ghost firm set up by Respondent No. 1 to
avoid the rigours of the Companies Act.
11. The wet-land described in the Schedule below serves the cause of environment in
various ways which are indicated hereunder:

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 (a) Each water-body keeps the atmosphere cool by absorbing heat. Water vapours also
keep the surrounding area cool. It absorbs carbon dioxide which are regularly
discharged into the atmosphere.
(b) Wet-lands absorb dust particles discharged into the atmosphere by various sources
and elements.
12. That the setting up of a cinema building so close to the school in the area will be
dangerously affecting the education and health of the pupils and it is a co-educational
institution.
13. Article 48A of the Constitution of India casts a duty upon the respondents to
protect and improve the environment and to safeguard the forest and wild life of the
country and they are also in duty bound to prevent any action which is likely to
degrade the environment and affect the health and living conditions of the area and to
prevent destruction of the aforesaid water-body.
14. The petitioner, therefore, begs to move this application as the President of and its
members, and also on behalf the citizens/residents of said municipal area in order to
protect their rights as enshrined under Article 21 read with Article 48A of the
Constitution inasmuch as the persons likely to be prejudiced and affected by the
aforesaid action of the Municipality of…..are so numerous and scattered and
moreover the damage that is likely to be caused to them by the aforesaid action of the
municipal authority will be slow and gradual before the same became manifest, it
would not be possible for residents and tax payers to move this Hon"ble court
individually. The petitioner and…..society and the member of……are also duty bound
under the provisions of Article 51A(g)of the Constitution to institute action for
protection of environment since Article 5 lA(g) states that it will be the duty of every
citizen of India to protect and improve the natural environment including various
lakes and rivers and wild life to have combination for the living creatures, to initiate
action for protection of the aforesaid water-body as the said municipal authority is
bent upon destroying the water-body and has initiated urgent measures for the same,
threats of destruction of the said water-body having become apparent and real and
imminent the petitioner as the President of......................along with some eminent
citizens of the Municipal area have already written several letters to the Chairman of
the Municipality urging him not to, in any way diminish or destroy the water-body.
15.......................The concern shown by the petitioner as well as other eminent citizens
of the area have failed to elicit any positive response from the Municipality and they
appeared to be bent upon destroying the water- body by filling up the same in
violation of statutory provisions and Government circulars and directions.
16. The petitioner states that the purported decision of the municipal authority if
implemented would cause destruction and disturbance of the ecological and
environmental equilibrium in the impugned areas by filling up of the aforesaid water-

52 | P a g e
 body and the impugned action is not only arbitrary but is also in violation of Article
14 of the Constitution.
17. Being aggrieved by and dissatisfied with the various actions and threats of the
municipal authority the petitioner begs to move the instant application under Article
226 of the Constitution of India on the following amongst other.
GROUNDS
(I) For the purported decision of the municipal authority to fill up the aforesaid water-
body is to cause great injuries to the ecology/ environment of the town and
consequently would infringe the right of the residents of the area to a clean
environment as impliedly enshrined in Article 21 of the Constitution and would thus
be violative of the fundamental rights of the life of the residents of the area as
guaranteed in Article 21 of the Constitution.
(II) For that the setting up of the cinema hall close to the school and the residential
area and denial of a green park and swimming pool to the residents would amount to
creating educational and health problems for the pupils and the residents.
(III) For that......................
18. The petitioner states that the petitioner has not moved any other application on the
self-same cause of action before the Hon'ble Court or any other Court of Law.
19. The petitioner states that it is apparent that the Municipal Authority is actively
proceeding towards the filling up the aforesaid water-body and unless restrained by an
order of injunction, the respondent Nos. 1 and 2 as agents of the Municipality would
fill up the said water-body which will render the instant application infructuous.
20. The cause of action of this instant application arose outside the Ordinary Original
Civil Jurisdiction of this Hon'ble Court.
21. The petitioner has no other efficacious and alternative remedy and the remedies
prayed for hereunder would give full and final relief to the residents of the area
concerned on whose behalf the instant application is being moved.
22. The petitioner has also made demand for justice vide Annexure......................to the
petition, but justice has been denied.
23. As indicated hereinabove, the petitioner is moving this application in public good
to protect the public interest and not intended to serve any interest of any individual
and in case the orders, as prayed for hereunder, are not granted the residents of the
area concerned would suffer irreparable loss and injury.
24. That this application is being moved bona fide and in the interest of justice.
In the premises, your petitioner humbly prays Your Lordships for the following
orders:

53 | P a g e
 (a) Writ in the nature of mandamus directing the respondent Nos. 1 and 2 not to
change the land use pattern of the water-body known as......................situated
in......................of the Municipality of;
(b) Writ in the nature of mandamus directing the respondent Nos......................give
suitable direction to the respondent Nos. 1 and 2 requiring them to maintain the water-
body as mentioned above in its present nature and character.
(c).. An order or direction upon the respondent Nos......................and each of them and
their subordinates agents restraining them from according any sanction or permission
or to do any act or omission which would enable the respondent Nos. 1 and 2 to
disturb/diminish the said water-body.
(d). An order or direction upon the respondent Nos. 1 and 2 directing them to bring
into this Hon'ble Court all the records relating to any decision that might have been
taken for construction of cinema building so that conscionable justice may be
administered by quashing the same;
(d) Rule nisi in terms of prayers (a), {b), (c) and (d) above;
(e) Rule be made absolute;
(f) Interim order of injunction restraining the respondent Nos. 1 and 2 from taking any
steps towards destroying and/or diminishing the water-body known as ......................
situated at......................in any manner whatsoever till the disposal of this application;
(g) Ad interim order in terms of prayer (g) above;
(h) And pass such other or further order or orders as to Your Lordships may seem fit
and proper.
And your petitioner, as in duty bound, shall ever pray.

54 | P a g e
 Affidavit
I, Shri......................son of......................aged about......................years, by religion
...................... by occupation ...................... residing at......................do hereby
solemnly affirm and say as follows:
I am the petitioner in the instant application and am well acquainted with the facts and
circumstances of the case. I am duly authorised by the society to affirm this affidavit
and I am competent to affirm this affidavit on behalf of the society and for self.
That the statements made in paragraphs......................are true my knowledge and those
made in paragraphs......................are my humble submissions before this Hon'ble
Court.
Prepared in my office.
The deponent is known to me
Advocate......................
Clerk to: Mr.......................
Solemnly affirmed before me on this......................Advocate
......................day of......................20
Commissioner

55 | P a g e
 8. DEED OF SALE
This DEED OF ABSOLUTE SALE is made and executed on this _______ day of ______________,
Two Thousand _______
BETWEEN
Sri ____________________, son/wife/daughter of Sri/Late _______________, aged about
_______ years, holding PAN _____________, by Caste ________, by Nationality Indian,
residing at _____________________________________________,
hereinafter called the "SELLER" (which expression shall mean and include his legal heirs,
successors, successors-in-interest, executors, administrators, legal representatives and
assigns) of the ONE PART.
AND
Sri __________________________________, son of _______________________,
aged about _______ years, by Caste __________, by Nationality Indian, holding PAN
_____________, residing at _____________________________________________,
hereinafter called the "PURCHASER" (which expression shall mean and include his legal heirs,
successors, successors-in-interest, executors, administrators, legal representatives and
assigns) of the OTHER PART.
The SELLER and the PURCHASER are hereinafter referred collectively as parties and
individually as party.

WHEREAS the SELLER is the absolute owner, in possession and enjoyment of the piece and
parcel of ______ land measuring about ____ decimal, lying and situated in R.S. Plot Number
____, corresponding L.R. Plot Number ____, Recorded in R.S. Khatian Number _____ and
L.R. Khatian Number ____, at Mouza _____, J.L. Number _____, Touzi Number ______,
under Police Station __________, Registration Sub-District _________, in the district of
________________, more fully and particularly described in the schedule here under written
and hereafter referred to as the "SCHEDULE PROPERTY”.
ANDWHEREAS the SCHEDULE PROPERTY was the self acquired property of
__________, deceased father of the SELLER and he purchased the same from Sri
__________________, son of _____________ of _________________________________,
by virtue of a Sale Deed dated ________________, registered in the office of the
_____________________________, in Book 1, Volume No. ____, Pages ____ to _____,
Being Number ___________ for the Year _____.
ANDWHEREAS the said _________ died in-estate on _________ leaving behind his only
son namely, Sri _______________, the SELLER herein, as the only legal heir.
ANDWHEREAS the SELLER herein, as the only legal heirs of the deceased ____________,
have become the absolute owner of the SCHEDULE PROPERTY since the death of his father
_____________ on and he has been enjoying the same with absolute right, title and interest
sice then and he has clear and marketable title to the SCHEDULE PROPERTY.
ANDWHEREAS the SELLER being in need of funds to meet his personal commitments and
family expenses have decided to sell the SCHEDULE PROPERTY and the PURCHASER has

56 | P a g e
agreed to purchase the same.
ANDWHEREAS the SELLER agreed to sell, convey and transfer the SCHEDULE PROPERTY to the
PURCHASER for a total consideration of Rs._________ (Rupees
___________________________) only and the PURCHASER herein agreed to purchase the
same for the aforesaid consideration and to that effect the parties entered into an agreement
on the _________________ .
NOW THIS DEED OF SALE WITNESSETH:
1. THAT in pursuance of the aforesaid agreement and in consideration of a sum of
Rs._________ (Rupees ___________________________) only received by
the SELLER in cash/cheque/bankdraft and upon receipt of the said entire consideration of
Rs._________ (Rupees ___________________________) only (the SELLER
doth hereby admit, acknowledge, acquit, release and discharge the PURCHASER from
making further payment thereof) the SELLER doth hereby sells, conveys, transfers, and
assigns unto and to the use of the PURCHASER the SCHEDULE PROPERTY together with
the water ways, easements, advantages and appurtenances, and all estate, rights, title and
interest of the SELLER to and upon the SCHEDULE PROPERTY TO HAVE AND TO HOLD the
SCHEDULE PROPERTY hereby conveyed unto the PURCHASER absolutely and forever.
2. THAT THE SELLER DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:
i. That the SCHEDULE PROPERTY shall be quietly and peacefully entered into and held
and enjoyed by the PURCHASER without any interference, interruption, or disturbance
from the SELLER or any person claiming through or under him.
ii. That the SELLER have absolute right, title and full power to sell, convey and transfer
unto the PURCHASER by way of absolute sale and that the SELLER have not done
anything or knowingly suffered anything whereby their right and power to sell and
convey the SCHEDULE PROPERTY to the PURCHASER is diminished.
iii. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind
whatsoever and should thereby and the SELLER shall discharge the same from and out
of his own fund and keep the PURCHASER indemnified.
iv. That the SELLER hereby declares with the PURCHASER that the SELLER have paid all
the taxes, rates and other outgoings due to local bodies, revenue, urban and other
authorities in respect of the SCHEDULE PROPERTY up to the date of execution of this
sale deed and the PURCHASER shall bear and pay the same hereafter. If any arrears
are found due for the earlier period, the same shall be discharged/borne by the
SELLER.
v. That the SELLER have handed over the vacant possession of the SCHEDULE PROPERTY
to the PURCHASER on ___________ and delivered the connected original title
document in respect of the SCHEDULE PROPERTY hereby conveyed on the date of
execution of these presents.

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 vi. That the SELLER will at all times and at the cost of the PURCHASER execute, register or
cause to be done, all such acts and deeds for perfecting the title to the PURCHASER in
the property hereby sold and conveyed herein.
vii. That the SELLER do hereby covenants and assures that the PURCHASER is entitled to
have mutation of his name in all public records, local body and also obtain all
documents in the name of the PURCHASER and undertakes to execute any deed in this
respect.
SCHEDULE OF PROPERTY
All that piece and parcel of _____ land measuring about _____ decimal, lying and situated in
R.S. Plot Number ____, corresponding L.R. plot Number ____, Recorded in R.S. Khatian
Number ____ and L.R. Khatian Number ____, at Mouza _____, J.L. Number ____, Touzi
Number _______, under Police Station ______, Registration Sub-District ______, in the
district of ____________, butted and bounded by:
On the North :
On the South :
On the East :
On the West :
IN WITNESS WHEREOF the SELLER and the PURCHASER have set their signatures on
the day month and year first above written.
______________________________
SELLER
______________________________
PURCHASER
WITNESSES:
1.

2.

58 | P a g e
 9. DEED OF MORTGAGE

This DEED OF MORTGAGE executed at _____________ on this the ____ day of

______________, 20__

By
Sri _______________________________, son of ____________________________,
by Caste ________, by Occupation _____________, aged about _____ years, residing at
____________________________________________________, hereinafter called the
MORTGAGOR

To and In favour of
______________________________________________, having its office at
___________________________________________________________________________
______________, herein referred to as the MORTGAGEE.

The term Mortgagor and Mortgagee, unless repugnant to the context shall mean and include
their representatives heirs, successors, executors, administrators, trustees, legal representatives
and assigns.

Whereas, the Mortgagor herein, is the sole and absolute owner of the immovable property
morefully and particularly described in the schedule hereunder written and hereinafter called
the scheduled property.

Whereas, the Mortgagor acquired the scheduled property by virtue of the Deed of Conveyance
dated ____________ registered in the office of the _________________________, in Book
No. - I, Volume No. _____, Pages _____ to _____, Being No. ______ for the year _______
and since then Mortgagor has been in possession and enjoyment of the scheduled property and
paying taxes and levies thereon, as sole and absolute owner thereof.

Whereas the Mortgagor, being in need of money for the purpose of constructing a residential
building on the scheduled property, requested the Mortgagee to lend him a sum of Rs.
_________ (Rupees ____________________ only) which the Mortgagee has agreed to lend to
the Mortgagor on the execution of these presents with a view to secure the repayment thereof
with interest as hereinafter provided.

NOW THIS DEED OF MORTGAGE WITNESSETH as follows:

That in pursuance of the said agreement and in consideration of the said sum of Rs.
_________ (Rupees ____________________ only) lent and advanced by the
Mortgagee to the Mortgagor on the execution of these presents (receipt whereof the
Mortgagor doth hereby admit and acknowledge), the Mortgagor hereby covenants with
the Mortgagee that he the Mortgagor will pay to the Mortgagee the sum of Rs.
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 _________ (Rupees ____________________ only) on the day of ______ (herein after
referred to as the 'due date') along with an interest thereon @ ___ percent per anumn
from the date of these presents till the said sum is repaid in full (hereinafter referred to
as the mortgage money).
That in the event of the Mortgagor failing to pay any installment, he will be liable to pay
interest on the said installment in default at the same rate as aforesaid from the date of
default until payment such installment as and by way of compound interest. Without
prejudice to the right of the Mortgagee to take any action on default as herein under
provided, it is agreed and declared that in the event of Mortgagor committing default in
payment of any installment or committing breach of any other term of this deed, the
whole amount of principal then due with interest thereon will at the option of the
Mortgagee become payable forthwith as if the said date had expired.
That securing the aforesaid loan, the Mortgagor hereby transfers, by way of mortgage, to
the Mortgagee the scheduled property as a security for repayment of the said sum with
interest and all other moneys due and payable hereunder with a condition that on the
Mortgagor repaying the said principal sum of Rs. _________ (Rupees
____________________ only) with all interest and other moneys due to the Mortgagee
(hereinafter referred to as the Mortgage amount) the Mortgagor will redeem the said
scheduled property from the mortgage security and shall if so required by the Mortgagor
execute a deed of Release but at the costs of the Mortgagor.
That in the event of the Mortgagor failing to pay the said principal sum with all interest and
other moneys when the same shall become due and payable under these presents, the
Mortgagee will become entitled to have the said scheduled property sold through any
competent court and to realise and receive the said mortgage amount out of the net sale
proceeds of the said scheduled property.
That the Mortgagor shall also be liable to pay and shall pay all the costs, charges and
expenses that the Mortgagee will incur for the protection of the mortgage security and
or for the realisation of the mortgage amount and the same shall be deemed to form part
of the mortgage amount and the security there for as aforesaid.
That during the pendency of the security hereby created and until repayment of the
mortgage amount, the Mortgagor will get insured and keep insured the buildings and
structures standing on the said land against loss and damages due to fire or any other
accident in the sum of at least Rs. _________ (Rupees ____________________ only)
with an Insurance Company of repute and pay all premium n the insurance policy as
and when it becomes due and payable in respect thereof to such company and shall
hand over the policy to the Mortgagee duly endorsed in his name as assignee and in the
event of the Mortgagor failing to do so or to pay the premium, the Mortgagee will be
entitled to insure the said buildings and structures and/or to pay the premium thereon
and the amount paid by the Mortgagee in respect thereof will be deemed to form part
of the mortgage amount.
That in the event of the said scheduled property being destroyed or damaged by fire or any
accident as aforesaid, the Mortgagee will be entitled to receive the insurance claim
under such policy to the exclusion of the Mortgagor and to appropriate the same first
towards all arrears of interest and then the principal amount or as any part thereof as
may be sufficient to pay the mortgage amount due and if any surplus remains the same
only will become payable to Mortgagor.
That during the pendency of the security hereby created and until repayment of the
mortgage amount, the Mortgagor will not be allowed to transfer or agreed to transfer
the scheduled property by any means. However, the mortgagor can grant lease of the
said house with the consent of the mortgagee in writing.

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 That the mortgagor shall bear stamp duty, registration charges and other out of pocket
expenses for the execution and registration of this Deed and the deed of release. But,
however, each party will bear cost and professional charges of his Solicitor/Advocate.

SCHEDULE

IN WITNESS WHEREOF the Mortgagor and the Mortgagee have put his hand and signature
on the day, month and year first above written.

___________________
Mortgagor

___________________
Mortgagee

Signed and delivered

by the Mortgagor and the Mortgagee
in the presence of:

1.

2.

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 10. DEED OF LEASE
This DEED OF LEASE is made and executed at ______ on this _______ day of
______________, Two Thousand _______
BETWEEN

.......... ,PAN NUMBER………. ,EPIC/Passport /OCI/CIO/PIO No………., Adhar

No……….. son / wife / daughter of ………. residing at ……………..by faith……………
, by Occupation …………. , by Nationality……………….,

Herein after referred to and called as the “LESSOR ”

AND

.......... PAN No……., EPIC/Passport /OCI/CIO/PIONo………., Adhar No……….. son

/ wife / daughter of ………. residing at …………….. by faith…………… , by Occupation
…………. , by Nationality………………., hereinafter referred to and called as the
"LESSEE”

The expression of the Lessor and Lessee shall mean and include them, their legal heirs,
legal representatives, administrators, successors, executors, nominees and assignees

WHEREAS the lessor is the absolute owner of the schedule of Property detailed
below, as recorded in the R.O.R. and is in peaceful possession of the said property as the
absolute owner without any restraint, litigation and objection from any other person or agency
or body of persons.
That, the lessor has the good transferable title over the said land with all rights, interests,
title and possession over the said land, free from all encumbrances.
That, all the property are in peaceful and absolute possession of the lessor and no
part of property has been let to any other Person(s) /Associations /Body of Associations for
any purpose. No part of the property has been given in any mortgage, Lease, or as surety or
by any means or instruments of transfer of right or interest, there to any other person,
Financial Institution(s), Govt./Private/Semi Govt. Bank(s)/ Offices/ Institutions, etc.
That, the lessor, hereby declare that no other person other than him, has any claim
whatsoever regarding any right, title, or interest over the scheduled property detailed below.
And whereas the lessee is desirous of taking on lease of the said schedule of land
more detailed under the Schedule of the Property under the terms and conditions mentioned
below for establishment and running a …………………………………….
(Office/business/institution/ etc pl. specify), and the said lessor has agreed to give on lease
the said house under the said terms.

NOW THIS LEASE DEED WITNESSETH AS UNDER: -

1. That the lessor has given the said property on rent and the lesse has taken the same
on Rent / Premium/ Or both at a monthly Rent Of Rs ….. and Premium of Rs………

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 2. That the Lessor has handed over the physical vacant possession of the said property
to the Lessee on the execution of this Lease deed
3. That the lease has been granted for a period of …… years, which is effective from
…….. to ………
4. That the entire premises will be vacated by the Lessee after the expiry of the said lease
period.
5. That the Lessee has been paid a sum of Rs……… as Security which is interest free,
the receipt of which is hereby admitted and acknowledged by the Lessor. The
Security shall be refunded by the Lessor to the Lessee at the time of receiving back
the vacant possession of the said property.
6. That the Lessee shall pay the said monthly rent to the Lessor by the …. Of each
English calendar month, in advance.
7. That the Lessee shall pay the electricity bill, municipal taxes etc to the concerned
authorities.
8. That the Lessee has been before occupying the said property that all the sanitary and
electric fittings and fixtures are in good working condition and is satisfied that
nothing is broken or missing and the Lessee on vacating the lease premises shall
restore them in the same condition subject to normal wear and tear.
9. That the Lessee not sublet, assign or part with the possession of the aforesaid rented
property in whole or in part under any circumstances
10.That the Lessee shall comply with all the rules and regulation of the local
authorities.
11. That the Lessee shall not carry out any addition or alteration in the structure or
otherwise under any circumstances.
12.That day-to-day repairs such as replacement of fuses and elements
setting right, leakages in water taps etc. are to be carried out by
the Lessee at his own costs. However, the major repair shall be
carried out by the Lessor at his own costs and expenses.
13. That the Lessee shall permit the Lessor or his agents or representatives to enter
upon the lease premises for inspection and to carry out the repairs etc. at reasonable
time as and when necessary.
14.And whereas the Lessee wants to vacate the premises the he will give …. Month
notice to the Lessor vice-versa, if the Lessor wants to get the premises vacated then he
will also give …… month notice to the Lessee.
15.That in case, if the period of lease is extended for a further period
as mutually agreed between the parties on the terms and conditions
as given above then the fresh Lease Deed shall be executed.
16.That in case the Lessee fails to vacate and give the physical
vacant possession of the said rented property within the said
stipulated period, then the Lessee shall pay the damages @
Rs……………………. /- per day till the possession is given by the
Lessee to the Lessor.

THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO

(same as the schedule as written in SALE DEED as applicable in this case )

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their

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respective hands and seals after understanding the contents of this Deed of Lease on the day,
month and year first above written.
______________________________
Signature of the Lessor

______________________________
Signature of the Lessee

WITNESSES :
SIGNED, SEALED AND DELIVERED
by the Parties at ___________ in the presence of :
1.

Drafted by me:

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 11. DEED OF LEASE

THIS GIFT DEED is made and executed on this the ……………………. day of
…………………. Month, …………………… year by

Sri/Smt/Ms………………………………………………………………………
…………………………… aged about ………………… years, Son/Daughter/Wife of Sri
…………………………………………………………………………………………………
…………………………, Profession …………………………….., caste
……………………………., permanent resident of …………………., P.O. ……………….....
P.S. ………………………….., District …………………… State…………………………
Pin Code ………………. at present residing at …………………., P.O. ………………..... P.S.
………………………….., District …………………… State…………………………………
Pin Code ……………….
[If Minor,]
represented by Father/Mother/ Other (specify Relation) Guardian Sri/Smt./Kum
………………………………………., aged about ……….. years, Son/Daughter/Wife of
…..………………………….., Caste- ………………. , Profession
…………………………….., permanent resident of …………………., P.O.
………………..... P.S. ………………………….., District
……………………………..……State………………………… Pin Code ………………. ]

[If represented by Attorney Holder by virtue of Power of Attorney]

represented by his Power of Attorney Holder vide G.P.A. Document No. …………/
dated………………………………registered in the Office of the Sub-Registrar,
…………………………..……..,District-
………..…………………..,State…………………………………. SRI/Smt./Kum
………………………………………., aged about ……….. years, Son/Daughter/Wife of
…..………………………….., Caste- ………………. , Profession
…………………………….., resident of …………………., P.O. ……………….....
P.S. …………………..………….., District ……………………..………
State……………............ Pin Code ………………. at present residing at ………………….,
P.O. ………………..... P.S. …………………………….….., District ….………..……………
State………………………….. Pin Code ………………………..

Hereinafter referred to as “DONOR” which term unless repugnant to the context shall mean
and include all his heirs, legal representatives, administrators and successors-in-interests,
assignees and nominees etc. of the ONE PART

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 IN FAVOUR OF

Sri
…………………………………………………………………………………………………
… aged about ………………… years, Son/Daughter/Wife of Sri
…………………………………………………………………………………………………
…………………………, Profession …………………………….., caste
……………………………., permanent resident of …………………., P.O. ……………….....
P.S. ………………………….., District ……………………
State…………………………………… Pin Code ………………. At present residing at
…………………., P.O. ………………..... P.S. ………………………….., District
…………………… State……………………………….. Pin Code ……………….

[If Minor,]
represented by Father/Mother/ Other (specify Relation) Guardian Sri/Smt./Kum
………………………………………., aged about ……….. years, Son/Daughter/Wife of
…..………………………….., Caste- ………………. , Profession
…………………………….., permanent resident of …………………., P.O.
………………..... P.S. …………………..………….., District ………………………………
State………………………. Pin Code …………………………….…. ]

Hereinafter called the “DONEE” which term unless repugnant to the context shall
mean and include all his heirs, legal representatives, executors, successors-in-interest,
assignees, nominees and administrators etc. of the OTHER PART

HISTORY OF OWNRESHIP

TYPING OPTION

AND WHEREAS the DONEE(S) is/are related to the Donor(s) as ……………………

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AND WHEREAS the Donor(s) desire(s) to grant and transfer by way of gift the said property
to the DONEE(s) in consideration of natural love and affection he/she/they has/ have towards
the DONEE(s) as hereinafter mentioned;

AND WHEREAS the DONEE(s) has / have agreed to accept the gift as is evidenced by his
/her/their executing these presents;

AND WHEREAS the value of the said property is estimated as Rs ………../-

NOW THIS DEED OF GIFT WITNESSETH AS UNDER:

3. THAT in consideration of natural love and affection,/Respect which the Donor(s) bear(s)
to the DONEE(s) , the donor (s) do/ does hereby and hereunder renounce all his/ her / their
estate and right , title and interest with intent to vest the same in and grant , convey , transfer
, give and assure unto and to the use of the DONEE (s ) , freely and voluntarily and without
any monetary consideration, the property mentioned and described in the schedule hereto
and hereinafter referred to as the said property and delivered possession of the same
together with all trees , fences , hedges , ditches , ways , waters , lights , liberties , privileges
, easements , and appurtenances whatsoever to the said property belonging for in any way
appertaining or usually held or occupied therewith or reputed to belong to or be appurtenant
thereto and every part thereof TO HAVE AND TO HOLD the same unto and to the sole
use and benefit and absolutely and unconditionally forever.

4. THAT actual physical possession of the Said Property has been handed over by the
Donor(s) to the Donee (s) and Donee (s) is /are in possession of the same at the time of
execution of this Deed of Gift .

5. THAT the Donor (s) doth hereby covenant with the Donee(s) as follows:

i. That the Said Property shall be quietly and peacefully held and enjoyed by the Donee
(s) without any interference, interruption, or disturbance from the Donor (s) or any
person (s) claiming through or under him/her/them.

ii. That the Donor (s) has /have absolute right, title and full power to transfer unto the
Donee (s) by way of gift and that the Donor (s) has / have not done anything or

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 knowingly suffered anything whereby his/her/their right and power to gift the Said
Property to the Donee (s) is diminished.

iii. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind
whatsoever and if found later on the Donor (s) shall discharge the same from and out
of his /her / their own fund and keep the Donee (s) indemnified.

iv. That there is no statutory restriction on the part of the Donor (s) under Urban Land
(Ceiling and Regulations) Act, 1976 or under any other law for the time being in force
to execute this Deed of Gift in favour of the Donee (s).

v. That the Donor (s ) has/have paid all the taxes, rates and other outgoings due to the
Government, local bodies, revenue, urban and other authorities concerned in respect of
the Said Property up to the date of execution of this Deed of Gift and the Donee (s)
shall bear and pay the same hereafter. If any arrears are found due for the earlier period,
the same shall be discharged/borne by the Donor (s).

vi. That the Donee (s ) is/are entitled to have mutation of his /her / their name(s) in respect
of the Said Property in all public records, local body and also to obtain all documents
in his/her/their name(s) and the Donor (s) undertake(s ) to help and assist the Donee
(s) in all possible manner in getting the Said Property mutated in the name of the Donee
(s )in the relevant records of all concerned departments/authorities.

THE SCHEDULE “A” ABOVE REFERRED TO

(DESCRIPTION OF THE ENTIRE PROPERTY)

ALL THAT piece and parcel of ………………… land measuring about ………… Cottahs
……………. Chittacks ………….. sq. ft. more or less land, along with the Complex named
……………having G + …………..Building lying and situated at Mouza-………….,
Pargana–………………., J.L. No………….. , Re Su No.-………………… Touzi
No…………comprising in R.S. Dag No.-……………………, under R.S. Khatian No.-
…………….., corresponding to LR Plot No…………. and LR Khatian No……….. , having
Municipal Holding No………………….., Road Name ……………… , being Premises No.-

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……………. , PIN-………………, under Ward No.-……………… within the limits of
……………….Municipality / Municipal Corporation, within the office of …………………..
P.S.-……………… District-……….., and butted and bounded by: -

ON THE NORTH BY: -

ON THE SOUTH BY: -

ON THE EAST BY: -

ON THE WEST BY: -

THE SCHEDULE ”B” ABOVE REFERRED TO –

[Description of the Flat/Unit]

ALL THAT piece and parcel of a demarcated self-contained residential / semi commercial
/office / commercial Flat/ covered garage / open garage being No.………….. on the
…………Floor, in Block-…………., having measurement of …………….. sq. ft. Super
built up area more or less comprising of ………………………….., with ……. Flooring ,
from Developer’s Allocation within the G Plus………. Building, of age years ……., within
the Complex named ……………….. together with undivided proportionate share of
underneath land and other common amenities and facilities including easement and quasi-
easement rights along with restrictions and reservations as stated aforesaid as attached with the
Multi-storied Building within the said Complex at Municipal Holding No.-………….. , Road
, …………………. Being Premises No.-…………., Road……… , Pin ………, under Ward
No.-………. , within the ……………Municipality / Municipal Corporation, under the office
of ………. ,under P.S.- ………………., District-………….. fully described “A” SCHEDULE
herein above written.

Annexed Plan marked with Red Border will be treated as part and parcel of this Deed.

UPLOAD OF SKETCH MAP , OPTIONAL

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 - THE SCHEDULE “C”ABOVE REFERRED TO -
[The Common portions]

( clauses 1 to 7 shall be embedded in e deed with check box option )

1. Entrance and exists internal roads, and footpath.

2. Common durwans / caretaker room , Caretaker Room, Security Camera Room, (if any).

3. Boundary walls and main gates.

4. Drainage and sewerage lines and other installations for the same (except only those as are
installed within the exclusive are of any unit and/or exclusively for its use).

5. Staircases lobbies on all the floors and vacant area of the ultimate roof of the proposed
building (Roof right will not be available for Garage, Shop and Godown owners, but rights
attached to the Ground Floor will be available only).

6. Tube well and water supply system, water pumps, water pump rooms, overhead tank, septic
tank together with all common plumbing installation for carriage of water (save only those as
are exclusively within for the use of any unit.) , community Hall and two wheeler parking space

7. Lighting fixtures and fittings in common area from common use.

( Later amenities are to be incorporated in query and the amenities that are to be selected
by citizens during filling up of query shall be auto generated in e deed )

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands and seals after understanding the contents of this Deed of Gift on the
day, month and year first above written.
______________________________
Signature of the Donor(s)
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 _____________ _________________
Signature of the Donee(s)

SIGNED, SEALED AND DELIVERED

by the Parties at
in the presence of:

1.

2.

Drafted by me:

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 12. PROMISSORY NOTE

FORM No.1
PROMISSORY NOTE UNDER SEC.4, NEGOTIABLE INSTRUMENTS ACT, 1881 IN
WHICH NO INTEREST IS CONTEMPLAIED AND NO TIME FOR PAYMENT IS
MENTIONED
I, Sri._____________________ S/o. _________________________ promise to pay
Sri.___________________ S/o.________________ _____________ or order, the sum of
Rs.______ (Rupees______________only)
Place:
Date:

Signature.

FORM No.2
PROMISSORY NOTE UNDER SEC.4, NEGOTIABLE INSTRUMENTS ACT, 1881
MADE BY JOINT PROMISORS
We, Sri.______________________ S/o._____________________ and
Sri.______________________ S/o._________________________ acknowledge ourselves to
be indebted to Sri.______________________ S/o._____________________ in Rs.________
(Rupees________________only) to be paid on demand, for value received.
Place:
[Signed]
Date:
[Signed]

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 FORM No.3
JOINT PROMISSORY NOTE
We, Sri.______________________ S/o._____________________ and
Sri.______________________ S/o._________________________ promise to pay
Sri.______________________ S/o._____________________ the sum of Rs.________
(Rupees________________only) for value received.

Place:
[Signed]
Date:
[Signed]

FORM No.4
PROMISSORY NOTE PROVIDING FOR INTEREST
I, Sri.______________________ S/o._____________________promise to pay
Sri.______________________ S/o._____________________ or order, on demand, the sum
of Rs.______ (Rupees___________________only) with interest at the rate of ________ per
cent. per mensem / annum from the date of these presents, for value received.
Place:
Date:
Signature.

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 13. POWER OF ATTORNEY

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT I, __________ S/o. / W/o. aged ______
about years, residing at No.___________ do hereby nominate, appoint constitute and appoint
Sri./Smt______________________ S/o. /W/o. aged about _____ years residing at
______________________as my true and lawful power of attorney holder to do the
following acts, deeds and things on my behalf and in my name in respect of the schedule
property. Whereas, the sole and absolute owner in and possession of the schedule property,
which is self acquired property. Whereas, I am being unable to maintain manage and look
after the affairs of the said property, I hereby appoint the said attorney holder to the following
acts, deeds and perform things on my behalf and in my name with entire powers thereon.

1. To appear before the authorities of BDA Corporation, Revenue office / Village Panchayath
Office, or any other office pertaining to state or central Government or any other office and to
represent in all respect.

2. To make payment of taxes, rates, cesses, assessments, to get plan sanction to any
competent authority levied by them from time to time on my behalf.

3. To appoint advocate/s, pleader/s, prosecutor/s, or any other competent authority for all
purpose.

4. To file cases either civil or criminal in any competent court/s and to complete the
proceedings.

5. To apply and to obtain relevant document in respect of the schedule property on my behalf,
and to put up any constructions in the schedule property.

6. To sign all documents, papers, agreements, affidavits forms vakalaths, receipts,

declarations, etc., and to derive all kind of benefits and profits in respect of the schedule
property on my behalf.

7. I have not given any power to this attorney holder to alienate property. I hereby agree to
ratify and confirm all and what so ever that my said attorney shall lawfully do or cause to be
done be virtue of this document.

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 SCHEDULE

All the piece and parcel of immovable property bearing No.____________*

Measuring _______________

Bounded by:-

On the East :

On the West :

On the South :

On the North :

Stamp duty paid as per Article 41(f) of the Schedule to the Karnataka Stamp Act, 1957.

IN WITNESS WHEREOF I the executant above named has signed to this general power of
attorney on this ______day _________ month ________year.

WITNESS:

EXECUTANT

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 14. WILL DEED

I Sri._______________________ S/o.____________________ residing at

________________________________________________ aged about ________ years
_________ by religion, occupation _______________ do make this my last will and
testament.

1. I have not made any will or other testamentary document, but if any made, I hereby
revoke all previous wills and codicils, if any and declare this to be my last will and testament.
2. I appoint (1) Sri._______________________ S/o.____________________ residing at
________________________________________________ aged about ________ years
_________ by religion, occupation _______________ (2) Sri._______________________
S/o.____________________ residing at
________________________________________________ aged about ________ years
_________ by religion, occupation _______________ (3) Sri._______________________
S/o.____________________ residing at
________________________________________________ aged about ________ years
_________ by religion, occupation _______________ as the executor of this will and
trustees of my estate.

3. My family consists of _____________________

4. My property consists of (a) (b) (c) etc.

5. I bequeath all my property in whatever form existing at the time of my death to the said
executor and trustees to hold the same on trust for the benefit of my wife
Smt._____________________ for her life time and till her death as herein after provided. 6.
My executors and trustees shall, after spending the necessary money for the management
of the said property out of the income thereof, pay the net income to my wife and the same
will belong to her absolutely without liability to account for the same.

6.My executor and trustees will also spend out of the corpus of estate such amounts as may
be required by my wife for medical expenses or for pilgrimage. But my executor and trustees
will not be entitled to sell my immovable property above mentioned or mortgage the same.
7. On the death of my and if she predeceases me then on my death all my estate then

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existing whether mentioned in this will or not, will belongs to my children, 2 (a)
____________________ (b) ____________________ (c) ____________________ absolutely
in equal shares and the trustees for the time being of the said estate under this will shall
transfer the same among said childr en by executing proper document or documents.

8. Provided that, if at the time of death of my wife or myself as the case may be any of the
said children is a minor, the trustees shall hold the said property on trust until the youngest
attains the age of majority and till then the net income of the said property will given or
spend for maintenance and education of the said children.

9. My executor and trustees shall obtain probate of this will from a competent court, if
required in law and shall pay all the probate duty and other expenses required for such
probate and also pay as first charge all my other liabilities by way of taxes or otherwise
howsoever.

10.I have made this will out of my free will and when I am in sound health and in good
understanding and in witness thereof I have put my signature hereunder in the presence of
witnesses on this _________ day of _____________ month of ______________ year.

Signed by the within named testator }

Sri. _________________________ }

opposite in the presence of witnesses, }

who in presence and at his request and } TESTETOR

in the presence of each other have put }

there signature as witnesses hereunder.}

1.Sri. __________________________

Full Address: _________________ . _________________

2. Sri. __________________________

Full Address: _________________ . ________________

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 15. TRUST DEED

This DEED OF DECLARATION OF TRUST executed at

on this day of by
hereinafter called as AUTHOR OF THE TRUST which expression shall wherever the
context so permits mean and include its successors –in-office of the ONE PART and;

WHEREAS the AUTHOR OF THE TRUST decided to create and

establish a Trust to make research in Alternative Medicine and Acupuncture for the welfare of
the community at large without discrimination of caste. creed etc with objects and
constitution as hereinafter set forth;

WHEREAS the said objects in view, the AUTHOR OF TRUST have

decided to endow the said TRUST a nucleus of Rs. (Rupees only) in cash; and

WHEREAS it is necessary and desirable to declare and constitute the said

Trust and to record the objects and constitution of the said Trust.

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