Suit For Cancellation Of Sale Deed On Account Of Fraud

Suggest Format of "Suit For Cancellation Of Sale Deed On Account Of Fraud"​

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BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )   

….…………Plaintiff

            Versus

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            ) 

…………Defendants

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is carrying on the business of wholesale grains at Calcutta and has his branch at Mumbai, where also wholesale grains business is carried on by him.
  2. That the Plaintiff appointed Defendant No.1 as his attorney by means of a general power of attorney duly executed and registered On …………………….. empowering Defendant No.1, inter alia, to appear and act for the Plaintiff in Civil Court, original as well as appellate, and also to appear before the Registration office for getting any document registered for and on behalf of the Plaintiff.
  3. That On ……………….. Defendant No.1 came to the Plaintiff at Calcutta and represented that Defendant No.2 had obtained a decree-for Rs………… against the Plaintiff and has put the same in execution and that in case the decreetal amount was not paid immediately, the House No. ………. of the Plaintiff situate on …………. road, Mumbai, would be sold in Court auction.
  4. That Defendant No.1 also represented to the Plaintiff that Defendant No.2 has agreed to purchase the aforesaid house for Rs.1,20,000/- and adjust the decreetal amount aforesaid towards the consideration of the sale of the said house and pay the balance to the Plaintiff.
  5. That the Plaintiff, believing the representations of Defendant No.1 to be true and correct executed a sale deed on ……………… in favour of Defendant No.2 and handed over the same to Defendant No.1 for getting the same registered at Mumbai.
  6. That Defendant No.1 did not remit to the Plaintiff the balance of Rs.40, 000/- in spite of repeated demands by two registered letters which aroused a suspicion in the mind of the Plaintiff, whereupon the Plaintiff proceeded to Mumbai to ascertain the facts.
  7. That on ENQUIRY at Mumbai the Plaintiff came to know that there was no decree against the Plaintiff in favour of Defendant No.2.
  8. That Defendant No.2 had thus become unconditional purchaser of the house in question and that the representations made by Defendant No.1 to the Plaintiff were all false and fraudulent.
  9. That in the circumstances narrated above, the sale deed executed by the Plaintiff in favour of defendant No.2 is liable to be set aside having been obtained by fraud and is liable to be set aside having been obtained by fraud and is liable to be cancelled.
  10. Cause of action.

Reliefs.

Plaintiff

Advocate of the Plaintiff

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )

Plaintiff

Interpreted & Explained by me


Advocate for Plaintiff