ASSIGNMENT ON

DRAFTING, PLEADING,
CONVEYANCE
DRAFT A WRITTEN STATEMENT IN REPLY TO PLAINT FOR SPECIFIC
PERFORMNACE OF CONTRACT

MOHAMMAD IRFAN
BA.LLB 5TH YEAR
SHARDA UNIVERSITY

IN THE COURT OF JUNIOR CIVIL JUDGE AT KAPURTHALA

Suit No. / 2016
Sukhwinder Sahani S/o Rakesh Sahani
R/o 6/1A, Beverly Park, Ajit Nagar
Kapurthala,

Punjab

..Plaintiff
Vs.
Harjot Singh S/o Sukhamrit Singh
R/o Flat No. 666, Sadhbhavna Apt., Model Town
Kapurthala,

Punjab

Respondent
WRITTEN STATEMENT OF THE RESPONDENT UNDER ORDER 8 RULE 1
The respondent respectfully state as follows: (1) Para No. 1 of the plaint is admitted and needs no reply.
(2) Para No. 2 of the plaint is admitted and needs no reply.
(3) Para No. 3 of the plaint is admitted and needs no reply.
(4) Para No. 4 of the plaint is admitted and needs no reply.
(5) Para No. 5 of the plaint is denied and not admitted because the contract referred to by the
plaintiff in Para No. 3 clearly specifies that the actual market value of the property is Rs.
50,000/(6) Para No. 6 of the plaint is denied and not admitted because the contract referred to by the
plaintiff in Para No. 3 clearly specifies that the balance amount must be paid on or before 1 st
January 2016 failing to which the agreement shall terminate and the buyer shall forfeit the initial
deposit. However, the plaintiff never made the balance payment.

(7) Para No. 7 of the plaint is denied and not admitted because there was no respond or any effort
from the plaintiff regarding the balance payment.
(8) Para No. 8 of the plaint is denied and not admitted because no notice was received by the
respondent send by the plaintiff on date mentioned on the plaint.
(9) Para No. 9 of the plaint is denied and not admitted because the respondent did not received
any notice regarding the intention of the plaintiff to pay the balance amount.
(10) Para No.10 of the plaint is denied and not admitted because the contract referred to by the
plaintiff in Para No. 3 clearly specifies that the balance amount must be paid on or before 1 st
January 2016 failing to which the agreement shall terminate and the buyer shall forfeit the initial
deposit. As, the balance was not paid by the plaintiff on or before the stipulated date the contract
shall stand terminated.
(11) Para No. 11 of the plaint is denied and not admitted because as the market value of the
property as provided in the contract is Rs. 50,000/- which is beyond the jurisdictional limit of
this Honble court.
(12) Para No. 12 of the plaint is denied and not admitted because the Plot is located in Kartarpur,
Punjab and so this court has no jurisdiction to try this case.
(13) Para No. 13 of the plaint is denied and not admitted because the contract referred to by the
plaintiff in Para No. 3 clearly specifies that the actual market value of the property is Rs.
50,000/(14) The respondent therefore prays that:
I.
II.
III.

The court be pleased to order the plaintiff to withdraw the suit.

The suit shall be dismissed with costs.
The plaintiff be ordered to pay compensation for mental harassment, loss of wages, and
cost of this litigation.
(Signature of the respondent)
Place:
Date:

(Advocate for the Respondent)

VERIFICATION
I,_______, do hereby verify that the contents of paras 1 to 14 are correct and true to the
best of my knowledge and personal belief and no part of it is false and nothing material
has been concealed therein. Affirmed at Kapurtala this 13 Day of May 2016.
(Signature)
Respondent

AFFIDAVIT
I, Harjot Singh aged 42 years, son of late Sukhamirit Sahani by religion Punjabi, by
occupation Real Estate Agent., residing at Flat No. 666, Sadhbhavna Apt., Model Town P.S.
Kaputhala; Dist. Kapurthala solemnly declare and affirm as follows:
(a) That I am the respondent of the above numbered title suit. I know facts of the case and I
am competent to swear this affidavit. This is true to my knowledge.
(b) That the contents in paras 1 to 14 herein above are true to my knowledge.

Declared by Sri. Harjot Singh., before the Commissioner of Affidavits.

Declarant is identified by me: