Sunday, January 12, 2014

Written Statement on specific Performance of Contract




         In the court of 1st   Joint District Judge, Chittagong
                                             Other suit no: 96/2013

Md. Abdullah
S/o: Md.Rafique
331, Khatunganj, Kotwali, Chittagong
                                                                                                 …………………………………………………………………..plaintiff                                           
                                                                            
                                                VS

Md. Ushain 
S/o Rahim Ali
Babysuper Market, Mubarok Vhila, P.S: Panchlish,Chittagong
                                                                                                                                                                                                                                          

                                                                                                           ……………………….……………………………………………Defendant

Written statement on behalf of the defendant
The above named defendant begs to submit as follows……………
1.     That the suit is not maintainable in law either in its present form or in any other form.
2.     That the suit is barred by limitation.
3.     That there is no cause of action for this suit and alleged causes have been manufactured to harass the defendant.
4.     That the statement and allegations made in the plaint, so far specifically and categorically not admitted, shall be deemed to have been denied by the defendant and the onus of proof shall lie upon the plaintiff.
5.     That the suit is hopelessly barred by the principle of estoppel, waiver acquiescence.
6.     That it is true that the plaintiff and defendant were engaged in business in shops side by side at Khatunganj, Chittagong. It is also true that there were a friendly relationship between the two parties as stated in para-1 of the plaint.
7.     That it is not true that the defendant fell into financial crisis and borrowed TK. One lakh from the plaintiff on 09.04.13. It is also not true that the defendant issued a cheque and it was dishonored in the United Commercial Bank at Khatunganj Branch at the same day as stated in para-2 of the plaint. The defendant thoroughly deny this statements.
8.     That it is not true the facts stated in para-3 of the defendant could not overcome this financial crisis. He came to the plaintiff and proposed to sell the schedule land purchased by his father. After a long bargaining between the two parties the plaintiff agreed to purchase it. In pursuance o which a registered contract for sale being no-1000 was made between plaintiff and defendant on 08.05.15 duely signed and executed by the defendant in front of P.W.2 viz: Md. Salauddin, P.W.3 viz: Md. Abdullah, P.W.4 Shahin Sultana. It is not also true that as per said contract the suit land was valued at taka = 10, 00,000(Ten lac) out of which was five lac paid to the defendant by the plaintiff as earnest money. The defendant strongly denies this statement.
9.     That it is not true that the facts stated in para-4 of the plain that the plaintiff requested the defendant in several times during two months to receive the rest taka 5, 00000 lakh and to execute a registered sale deed of the schedule land and are false and is hereby strongly denied.
10.                        That it is not true that the facts stated in para-5 of the plaint that the plaintiff sent a legal notice to the defendant on 08.08.13 calling upon the defendant to execute sale deed in favor of the plaintiff on accepting the balance amount of contract money and refused to do so over phone on 22.08.13 that defendant thoroughly deny this statement.
11.                        That it is not true that in para-6 of the plaint that schedule land is necessary for the plaintiff’s business and also that plaintiff will suffer irreparable loss if he does not get it are baseless and is hereby denied.
12.                        That the true fact is that beside the business at Khatungangj, the defendant was also engaged in construction business. The plaintiff proposed the defendant to include him in the construction business, but they refused at first. After repeated requests by the plaintiff the defendant at one stage agreed to include him only in a particular business in order to give him an opportunity to gather experience in the presence of his partner. In return, the plaintiff lent an amount of taka one lakh to the defendant on 08-03.13 as a token of friendship. Out of this one lakh taka defendant has returned taka of fifty thousand in cash on 08.04.13 and was always ready to refund the rest taka fifty thousand. At the time of lending the taka one lakh, the clever plaintiff, technically received two blank stamps signed by the defendant in the presence of D.W.2, D.W 3 and D.W. 4. In the meantime, the plaintiff has become hostile towards the defendant because of not including him in their construction business.
On 18.04.13 the defendant came to know that the plaintiff has abused the blank stamps given by defendant. Understanding plaintiff’s malafide intention the defendant filed a G.D no-40 in the nearest Panchlish police station on 05.05.13 regarding the blank stamps on. Later on 08.05.13 the defendant further came to know that the plaintiff has made a forged agreement for sale regarding the suit land by using one of the two above stated blank stamps signed by them. In fact, no bargaining regarding the sale of the suit land was held with the plaintiff or any other person and as such there arises no question of execution of any agreement for sale or receipt of earnest money thereof. The so-called agreement for sale in the name of the plaintiff executed by the defendant is forged one and therefore there arises no question of its being specifically enforced. The plaintiff cannot get any relief on the basis of this forged agreement.
13.                         That the defendant humbly prays that the plaintiff is not entitled to get any decree and the suit is liable to be dismissed with cost.
   


                                                                                           Verification                                                                                                                                                    

 Whatever facts have been stated above are true to my knowledge. I sign this verification this day on 24.10.13 at 10.00 am is in the court premises, Chittagong.


                                                                                                     Defendant
                                                                              The deponent is known to me and signed before me.



                                                                                                     Advocate                                                                                                                                                                                                                                                           
                                                                                         Judge Court, Chittagong


Name of the Witnesses
1.     Md.Ushain
2.     Mohammad Rubel
3.     Jhuma Dev
4.     Nasrin Akter

Post by: Riajuddin Ovi

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