IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION WRIT PETITION (CIVIL) NO.

20370/2013

Bhaguram s/o Tularam 15, G.S. Marg, Bikaner, Rajasthan ..Plaintiff

VS.

Ram Gopal Verma s/o Gopal Kanth Verma 590, Mirchi Seth Road, Bikaner, Rajasthan ..Respondent

WRITTEN SUBMISSIONS ON BEHALF OF SHRI RAM GOPAL VERMA, THE RESPONDENT, SUBMITTED BY ADVOCATE BAIDURYA CHATTERJEE

INDEX

1. ISSUES 2. BRIEF FACTS 3. PROCEEDINGS 4. OBJECTIONS TO THE MAINTAINABILITY OF CIVIL WRIT PETITION NO. 20370/2013 FILED BY PLAINTIFF I. BACKGROUND II. OBJECTIONS

ISSUES

These submissions seek to address the following two broad issues which have been raised by the Petitioners: i. Whether the Respondent is required to execute the Sale Deed in favor of the Plaintiff? ii. Whether a permanent injunction may be decreed in respect of the Suit Property? BRIEF FACTS

Plaintiff is a farmer working in Gatucha, Bikaner, Rajasthan. Plaintiff desires to acquire additional land for agriculture in other parts of Bikaner. Respondent is the owner of the Suit Property, Chak No. 3, Square No. 112/63, Tehsil Pungal, District Bikaner, Rajasthan. The parties negotiated through emails and letters dated 3rd March, 2013; 27th March, 2013; 4th April 2013; and 7th April 2013. The negotiations informally laid out the foundations of the offer to purchase the Suit Property and the acceptance to sell the same at the agreed price. An agreement was reached between the Plaintiff and the Respondent with regard to the sale of the Suit Property for the consideration of Rs.7,56,00,000 on 7th April, 2013. Payment for the first installment for the sum of Rs.5,00,000 was made by the Plaintiff towards the purchase of the Suit Property on 12th April, 2013. The payment was effected through a Union Bank of India A/c Payee cheque. Possession of the Suit Property was duly handed over to the Plaintiff as per terms of the agreement. On 6th June, 2013 the Respondent agreed to receive a sum of Rs.1,00,00,000 towards the second installment from the Plaintiff within a period of 30 days. The Respondent agreed to thereafter execute the sale deed in favor of the Plaintiff. On 30th June, 2013, the Plaintiff effected payment of Rs.1,00,000 towards the second installment through another Union Bank of India A/c Payee cheque. On 30th June, 2013, the Respondent executed a Sale Agreement and a power of attorney in favor of the Plaintiff. As per the Sale Agreement the last date for execution of the Sale Deed was 25th July, 2013. The Sale Deed was not executed in favor of the Plaintiff within the prescribed date. The Plaintiff enquired about the status of the execution of the Sale Deed by means of a letter to the Respondent dated 27th July, 2013. No reply to the letter was has yet been received. Further enquiries were made between 27th July, 2013 and 14th August, 2013. The Plaintiff served the Respondent with a Legal Notice on 17th August, 2013, seeking response within 30 days. There was no reply to the Legal Notice.

PROCEEDINGS

On 19.09.2013 the Plaintiff filed a suit in The Court of Civil Judge Class I at Bikaner for Specific Performance of the contract for Sale and for Permanent Injunction of the Suit Property. The plaintiff prayed for the following relief: i. That the Respondent execute the Sale Deed in favor of the Plaintiff. ii. A permanent injunction be ordered in respect of the Suit Property. The Court of Civil Judge Class I at Bikaner found for the Respondent and dismissed the suit. The Plaintiffs then filed for a Civil Writ for the purpose of quashing the orders of the Court of Civil Judge Class I at Bikaner on the submission that there was an error in the appreciation of the facts of the case. The present submissions are in reply to the Civil Writ Petition No. 20370/2013. OBJECTIONS TO THE MAINTAINABILITY OF CIVIL WRIT PETITION NO. 20370/2013 FILED BY PLAINTIFF

BACKGROUND In the Court of the Civil Judge Class I at Bikaner, the Plaintiffs submitted that due consideration had been made over to the Respondents as per the agreement with respect to transfer by sale of the suit property. The Plaintiffs submitted that the payment was effected by means of two account payee cheques of the Union Bank of India. Copies of the instruments were submitted to the Court. The Plaintiffs prayed for execution of the sale deed and a permanent injunction relating to the suit property on the grounds of the consideration of the sale agreement being already made over to the Respondents. The Respondents in reply submitted correspondence with both the Plaintiff and the carrier bank, Union Bank of India. The correspondence brought to light the fact that both the cheques presented to the Respondent by the Plaintiff were not honored by the bank due to insufficiency of funds in the accounts of the Plaintiff at the time of making the payment. Since the consideration for the transfer of suit property by sale was not made over to the Respondent by the date stipulated in the agreement, the Title Deed was not executed in favor of the Plaintiff, as per agreement. The Court found in favor of the Respondent on this ground.

OBJECTIONS

In light of the findings of the Court of Civil Judge Class I at Bikaner that no consideration had been made over to the Respondent by the stipulated date as per the agreement, the execution of Title Deed of suit property in favor of the Plaintiff by the Respondent is not warranted. The plea for execution of the Deed is not proper and lacks legal ground. In light of the findings of the Court of Civil Judge Class I at Bikaner that the last date for execution of the Title Deed of the suit property had passed before payment of any consideration, the plea for permanent injunction in respect of the suit property was wanting on legal ground. In the premises, the writ petition is not maintainable and may be dismissed.