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IN THE COURT OF CIVIL JUDGE (Sr. Div.) KAMRUP AT AMINGAON

TITLE SUIT NO. /2024

Northeast Developers
A registered partnershipfirm under
the Registrar of Firm, represented by
one of its partner, Sri Prabhakar
Tiwari,
Son of Late Dhela Tiwari,
Resident of Chatribari, P.O.- Rehabari,
Flat No. 3-C, Saraswati Apartment,
Guwahati- 781008,
District-Kamrup(M),
Assam.
………… Plaintiff

-vs-

Sri Madhab Ch. Patowary,

Son of Late Harkanta Patowary,
Resident of village- Kshudra Dadhi,
P.O.- Geruah, District-Kamrup

…………… Defendant

The suit for specific performance of

contract and for injunction.
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For the purpose of jurisdiction and court

fee, the suit is valued at Rs. 27,77,500/-
only being the value of total agreed
consideration for sale and accordingly the
maximum ad-velorem court fee of
Rs.11,000/- is paid. The injunction is
valued at Rs. 100/- and accordingly ad-
valorem court fee of Rs. 11/- is paid.

The plaintiffs, named above:-

BEGS TO STATE AS FOLLOWS:-

1. That the plaintiff firm is a registered partnership firm, having its

office at [Link], Bharalumukh, Guwahati - 781009 and the
plaintiff firm states that the plaintiff firm having 4 nos of partners,
namely - Aman Kalami, Deepjyoti Baruah, Ankit Bheti and Sri
Prabhakar Tiwari. The plaintiff states that all the aforementioned
partners have authorized the partner - Sri Prabhakar Tiwari to
institute the suit vide resolution dated ……………………..
2. That the plaintiff state that the defendant is a resident of Village-
Kshudra Dadhi under P.O.- Geruah in the district of Kamrup(M)
and within the jurisdiction of the Hon’ble Court.
3. That the plaintiff states that the defendant claiming himself as
absolute owner and title holder of land measuring 11 Bighas 0
Katha 11 Lechas covered by Dag No. 519 of K.P. Patta No. 128
and Dag No. 515 of K.P. Patta No. 127 of village 2 No. Kulhati,
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Mouza- Hajo under the Hajo Revenue Circle, District-Kamrup had

proposed to sell out the same. The plaintiff states that the
plaintiff having come to know about the said proposal through of
the defendant and one Dimbeswar Kalita of Hajo had agreed to
purchase the same and accordingly entered into negotiation to
that effect. The aforesaid land has been described in schedule-A
appended to the plaint.
4. That the plaintiff state that as per negotiation the defendant had
agreed to transfer/sale the said 11 Bighas 11 Lechas of land, as
described in schedule-A fixing the rate at Rs. 2,50,000/- (Rs. Two
Lakhs Fifty Thousand) only per high to the plaintiff and the
plaintiff had also agreed to purchase the schedule- A land on the
rate i.e. @ Rs. 2,50,000/- (Rs. Two Lakhs Fifty Thousand) per
Bigha.
5. That the plaintiff states that as per negotiation and/or settlement,
as stated above, the defendant had agreed to receive an advance
amount of Rs. 5,00,000/- (Rs. 5 Lakhs only) out of the total
consideration of sale in respect of the schedule- A land from
plaintiff by way of a cheque. The plaintiff states that the
defendant had further agreed to enter into a written agreement
for sale within 180 days from the date of receipt of the said
advance amount or on other date which may be convenient for
both the parties. The plaintiff states that as per the said
negotiation and settlement the plaintiff paid an advance amount
of Rs. 5,00,000/- (Rs. 5 Lakhs only) to the defendant as advance
out of the total consideration of sale in respect of schedule-A
property vide cheque No. 6546425 dated 28.04.2023 payable at
State Bank of India, Bharalumukh Branch on 28.04.2023 itself in
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presence of the witnesses namely one Amar Jyoti Patowary (son

of defendant) and one Dimbeswar Kalita. The plaintiff states that
the said cheque amount has already been encashed by the
defendant. It is pertinent to mention here in that the defendant
had also issued a money receipt in favour of the plaintiff on
28.04.2023.
6. That the plaintiff states that after receiving the said advance
amount of Rs. 5,00,000/- (Rs. 5 Lakhs only) out of total
consideration for sale by the defendant, as stated above, the
plaintiff was interested to get the written agreement for sale in
respect of the schedule-A property from the defendant within the
stipulated period of time, i.e. within 180 days commencing from
28.04.2023, as stipulated in the said money receipt. The plaintiff
states that though the plaintiff on various occasion personally
requested the defendant to execute the agreement for sale in
respect of schedule-A land as per stipulation made in money
receipt, but the defendant has been avoiding to execute the
same by showing various pleas.
7. That the plaintiff states that the plaintiff finding no alternative
issued a legal notice on 11.12.2023 to the defendant demanding
the defendant to execute the formal agreement for sale in favour
of the plaintiff in respect of the schedule-A land by giving a
period of 15 days from the receipt of the said notice. The plaintiff
states that the said legal notice sent by registered post was duly
served upon the defendant on 14.12.2023 which has been
confirmed from the status report given by the postal department
i.e. General Post Office, Guwahati.
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8. That the plaintiff states that the plaintiff has already made
enquiry in the revenue records of K.P Patta No. 127 and 128 to
which schedule-A is a part in the revenue office of Hajo Revenue
Circle and obtained the copy of Jamabandi. From the copy of
Jamabandi of said patta it reflects that the predecessors of
defendant were the owners and pattadar of the said land. The
plaintiff states that, more particularly in the land of patta No.128
the defendant has already mutated his name by way of
inheritance.
9. That the plaintiff states that although the legal notice was duly
served upon the defendant, but the defendant has not given any
reply against the said legal notice. Rather the defendant has
decided to remain silent in respect of the same. The plaintiff
states that the said stipulated period of 180 days as well as the
period specified in the legal notice dated 11.12.2023 has already
been over, as stated above. Under that circumstances the
plaintiff finding no alternative has again approached the
defendant and his son, who was the witness to the money receipt
to execute the agreement for sale in respect of the schedule-A
land. The plaintiff states that besides the plaintiff the other
persons………………………… have also approached and requested
the defendant to execute the written agreement for sale in
respect of schedule-A land in favour of the plaintiff. But all went
in vain.
10. That the plaintiff states that the plaintiff has been recently
informed by the above named persons namely…………………..
who are known to the defendant also, that the defendant and his
men and agents have been talking and negotiating with some
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unknown persons for transferring the schedule-A land (suit land).

Having come to know, the plaintiff and his men have again
requested the defendant on…………………………….. informing that
as the schedule-A land is encumbered with the plaintiff, the
defendant is not entitled to transfer the same to any other
person(s), except the plaintiff. But the defendant did not pay any
heed to it. Rather the defendant has immediately made
arrangement to transfer the schedule-A land to other persons
except the plaintiff.
11. That the plaintiff states that as intimated vide legal notice dated
11.12.2023, the plaintiff is still ready to pay the balance
consideration on execution of written agreement for sale as well
as sale deed in respect of the schedule-A land. But the defendant
has not expressed his willingness to enter into written agreement
for sale as well as sale deed by receiving the balance
consideration, as stipulated in the receipt dated 28.04.2023. The
plaintiff states that, as stated above, the defendant in war footing
manner has been trying to transfer/sell the schedule-A property
to another person(s) except the plaintiff. The plaintiff sates that if
the defendant is able to transfer/sell the said schedule-A property
to any person(s), in that event the plaintiff would suffer
irreparable loss, injury and damages as he would deprive from
purchasing the schedule- A property for all times to come.
12. That the plaintiff states that under the aforesaid facts and
circumstances the plaintiff has been compelled to institute the
present suit for specific performance of contract in respect of the
schedule-A property, appended to the plaint.
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13. That along with the suit the plaintiff has filed a separate
application for injunction as provided under Order-39 Rule-1 and
2 of the Code of Civil Procedure, 1908 for granting temporary
injunction.
14. That the cause of action for the suit arose on 28.04.2023 when
the defendant received the advance amount of RS. 5,00,000/-
(Rs. Five Lakhs) only from the plaintiff out of total consideration
and after expiry of 180 days, as stipulated in the money receipt
dated 28.04.2023 and thereafter on 11.12.2023 when the legal
notice was issued to the defendant demanding execution of
agreement for sale as well as the sale deed and thereafter on
each and every subsequent date(s) within the jurisdiction of the
Hon’ble Court.
15. That for the purpose of jurisdiction and court fee for the suit is
valued at Rs.27,77,500/- and accordingly the maximum ad-
velorem court fee of Rs.11,000/- is paid. The injunction is valued
at Rs. 100/- and accordingly the ad-velorem court fee of Rs.11/- is
paid.
16. That in support of the contentions made in forgoing paragraphs
of the plaint the plaintiff has submitted the document separately
for consideration of the Hon’ble Court along with list of
documents.

Upon the premises the plaintiff,

therefore, prays for:-
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(A) A decree for specific performance of

contract in respect of sale of schedule-
A land by the defendant in favour of
the plaintiff upon receiving the
balance consideration and to deliver
possession of the said schedule-A
land.
(B) A decree for injunction directing the
defendant and his men and agents not
to alienate/transfer the schedule-A
land to any other person(s) except the
plaintiff.
(C) Alternatively if the plaintiff is not able
to make out the specific performance
opf contract, in that event a decree for
realization of the amount paid to
defendant along with interest @ 18%
as well as compensation of Rs.
20,00,000/- (Rs. Twenty Lakhs) only
against the defendant.
(D) Cost of the suit
(E) Any other relief(s) the plaintiff is
entitled to

And for this act of kindness the plaintiff as in duty bound shall ever
pray
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SCHEDULE

Land measuring 11 Bigha 0 Katha 11 Lechas covered by dag No.

519 of [Link] No. 128 and Dag No. 515 of [Link] No. 127 out of
the total land of said Dag and patta (in respect of which the defendant
claims himself as owner) of village- No. 2 Kulhati, Mouza- Hajo under
Hajo Revenue Circle, district- Kamrup, Assam.
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VERIFICATION

I, SRI PRABHAKAR TIWARI, aged about___ years, son of

Dhela Tiwari, resident of- Saraswati Apartment, 3 r d floor,
Flat No. 3C, K. C. Road, opposite Kali Mandir, Chatribari
Guwahati- 781001, District-Kamrup(M), Assam, the above
named plaintiff in the instant suit, do hereby solemnly affirm and
declare that the statements made in paragraphs
No…………………………………………… ………………..…………..of the
plaint are true to my knowledge and belief, those made in paragraph
Nos…………………………………………… ……………………………………
are the matters of record and the rest are my humble submissions
before this Hon’ble Court.

And I sign this verification on this, the ____ day of March, 2024
at Guwahati.
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SIGNATURE
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AFFIDAVIT

I, SRI PRABHAKAR TIWARI, aged about___ years, son of

Dhela Tiwari, resident of- Saraswati Apartment, 3 r d floor,
Flat No. 3C, K. C. Road, opposite Kali Mandir, Chatribari
Guwahati- 781001 District-Kamrup(M), Assam, do hereby
solemnly affirm and declare as follows:-

1) That I am the above named plaintiff in the instant suit and as

such I am well acquainted and fully conversant with the
facts and circumstances of the case and competent to
swear this affidavit.

2) That the statements made in paragraph Nos….……………………

………………………………………………………………………..of the
plaint are true to my knowledge and belief, those made in
paragraph Nos…………………………………………
……………………………………….are the matters of record and
the rest are my humble submissions before this Hon’ble
Court.

“OATH”

I swear that my declaration is true, that it conceals

nothing and that no part of it is false, so help me God.

And I sign this Affidavit on this the ____ day of March,

2024 at Guwahati.

Identified by –

Advocate.
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DEPONENT