DPC Assignment - III

NAME OF THE STUDENT: GAYATHRI NALLASAMY
REGISTER NUMBER: HC15038
COURSE OF STUDY: B.B.A. LL.B (Hons.)
YEAR OF STUDY: 5th YEAR
SECTION: A
SUBJECT: DRAFTING, PLEADING

AND
CONVEYANCING
Assignment III
SUBJECT CODE: HCXE
FACULTY’S NAME: PROF. BRUNDHA
STUDENT’S SIGN:
FACULTY SIGN:
REMARKS:
INDEX
S.NO CONTENT PAGE NO.
SALE DEED 3
MORTGAGE DEED 8
LEASE DEED 12
GIFT DEED 15
PROMISSORY NOTE 17
POWER OF ATTORNEY 18
WILL 21
TRUST DEED 23
PUBLIC INTEREST LITIGATION 30
PETITION U/S. 482 OF CR. P.C 38
SALE DEED
THIS DEED OF ABSOLUTE SALE IS MADE AND EXECUTED AT CHENNAI, ON

THIS THE 20TH DAY OF MARCH, TWO THOUSAND AND SEVENTEEN
2
BY:
Mr. Vinod Thomas , son of Mr. Joseph Thomas, aged about 46 years residing
at No.20, Mint Street, Anna Nagar, Chennai – 600 024, (ID No: 1234) (Mobile
No: 9840356332) hereinafter called the ‘VENDOR’
TO AND IN FAVOUR OF:
Mr. Shravan Krishnan, son of Mr. Jayesh Krishnan, aged about 51 years,
residing at No.30, Spice Street, Anna Nagar, Chennai – 600 024, (ID No: 5678)
(Mobile No: 9840233653) hereinafter called the ‘PURCHASER’
The terms ‘VENDOR’ and ‘PURCHASER’, wherever it may occur shall mean
and include themselves, their heirs, legal representatives, executors,
administrators and assigns.
NOW THEREFORE THIS DEED OF SALE WITNESSETH AS UNDER AND IT IS

HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Whereas the VENDOR is the sole, legal, true absolute and exclusive Owner of
the property which is more fully and particularly described in the schedule
hereunder, which he has purchased from and out of his own funds and
savings, without any ancestral nucleus, from Mr. Vinod Thomas vide a Deed of
absolute sale dated 20/03/2017, duly Registered on the file of the Sub
Registrar as Document No.987456321 of Book I,
Ever since the Vendor has been in continuous, uninterrupted peaceful

possession and enjoyment of the said property, with full powers of alienation,
without any let or hindrances, paying all taxes and outgoing payable to the
Government and Local Authorities and has got valid and marketable title to the
said property.
And whereas the Vendor has offered to sell and the Purchaser has also agreed
to buy the schedule mentioned property for a net sale consideration of
Rs.5,00,000 /- (Rupees Four Lakhs only), free from all encumbrances, for
which sum the Vendor has also agreed to convey the Sale Property, unto the
Purchaser free from all encumbrances.
NOW THIS DEED OF ABSOLUTE SALE WITNESSETH AS FOLLOWS:
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In pursuance of the above said mutual agreement and in consideration of the
sum of Rs.5,00,000 /- (Rupees Four Lakhs only), Paid by the Purchaser to
the Vendor in the following manner:
a) A sum of Rs. 2,00,000/- (Rupees Two Lakhs only), paid on 01/01/2017

BY CASH
b) A sum of Rs. 3,00,000/- (Rupees Three Lakhs only), paid on 01/01/2017
BY CASH
In all aggregating to the receipt of which sum the Vendor doth hereby admit,
acknowledge and acquit the Purchaser from any further payments whatsoever.
The Vendor doth hereby sell, convey, grant, transfer and assign, by way of
absolute sale to and in favour of the Purchaser herein the Sale Property which
is more fully and particularly described in the schedule hereunder, together
with all ways, waters, water courses, ditches easements, advantages, liberties,
rights and privileges, and all other appurtenances whatsoever appertaining
thereto, to have and to hold the same as absolute owner with all powers of
alienation.
THE VENDOR DOTH HEREBY FURTHER COVENANT WITH THE PURCHASER

AS FOLLOWS:
i. The VENDOR is the sole and absolute OWNER of the property hereby
conveyed and that he has perfect right, title and interest to convey the
said property to the Purchaser in the manner aforesaid and no other
person has got any right, title and interest to convey the said property to
the Purchaser in the manner aforesaid.
ii. The VENDOR doth hereby declare that there are no encumbrance, lien,
trust, attachment, claim, charge, whatsoever which is subsisting on the
said property and that the said property is not the subject matter of any
litigation or proceedings and is not charged in favour of any Court,
Revenue or other authority.
iii. The VENDOR doth hereby covenant with the Purchaser that the
Purchaser shall and may at all times hereafter quietly and peacefully
possess and enjoy the said property without any let or interruption or
disturbances by the VENDOR or by any one claiming through him.
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iv. The VENDOR doth hereby covenant with the Purchaser that he and all
persons lawfully and equitably claiming title will from time to time and at
all times hereafter at the cost of the Purchaser execute and register all
such acts, deeds and things for further and more perfectly assuring the
title of the Purchaser in respect of the property hereby conveyed.
v. The VENDOR doth hereby covenant with the Purchaser that he shall sign
and execute any rectification at the expenses of purchaser that may be
necessary in order to make this sale absolute.
vi. The VENDOR doth hereby covenant with the Purchaser that he has, this
day handed over to the Purchaser all documents and records pertaining
to the title of the schedule mentioned property.
vii. The VENDOR doth hereby declare that all taxes and other public charges
payable in respect of the schedule mentioned property hereby conveyed
has been paid up to this date and further covenant with the Purchaser
that there are no arrears of tax payable to Government or local body.
viii. The VENDOR doth hereby declare and assure the Purchaser that he shall
indemnify and shall keep indemnified the Purchaser against any loss or
damage that the Purchaser may be put to by reason of any kind of
encumbrance over the property.
ix. The VENDOR hereby expressly declares that the sale of property
mentioned in the schedule hereunder is not in violation of any law.
x. The VENDOR doth hereby covenant with the Purchaser that he shall sign
and execute any rectification at the expenses of purchaser that may be
necessary in order to make this sale absolute.
xi. The VENDOR doth hereby covenant with the Purchaser that he shall also
sign and execute any letter or form that may be required for the mutation
of name in the revenue and Municipal Registry and transfer of Patta in
favour of the Purchaser or for such other purposes.
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SCHEDULE OF PROPERTY
(Description of the said Immovable Property)
All those pieces and parcels of land measuring 5 Hectares 0 Acres bearing No.
12/4 situated at Ratna Nagar, Krishnagiri District in the State of Andhra
Pradesh and bounded as follows:
On or towards East: Remaining portion of No. 12/4
On or towards West: Main Road
On or towards South: No. 13/4
On or towards North: No. 11/4
IN WITNESS WHEREOF THE VENDOR AND THE PURCHASER HAVE SIGNED

THIS DEED, ON THE 20th DAY OF MARCH, TWO THOUSAND AND
SEVENTEEN FIRST ABOVE WRITTEN, IN THE PRESENCE OF THE
FOLLOWING WITNESSES:
SIGNATURE OF THE PURCHASER SIGNATURE OF

THE VENDOR
WITNESSES:
1. Gayathri
No.3/2, Anna Street,
Adyar, Chennai – 600 012
Signature:
2. Taruna
No. 345, Periyar Street,
Kilpauk, Chennai – 600 011
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Signature:
RECEIPT
Received a sum of Rs. 5,00,000/- (Rupees Five Lakh only) vide Cheque No.
001235 dated 01.01.2017 drawn on Bank of India, Ratnagiri Branch, towards
full and final consideration in respect of the sale of the following immovable
property from Mr. Jinith Ladhani, age 51 years residing at No.27, Spice Street,
Anna Nagar, Chennai – 600024
DESCRIPTION OF THE SAID IMMOVABLE PROPERTY
12/4 situated at Ratna Nagar, Krishnagiri District in the State of Andhra
Pradesh and bounded as follows:
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DEED OF MORTGAGE
THIS DEED OF MORTGAGE WITH POSSESSION IS MADE AND EXECUTED AT

CHENNAI ON THIS THE 22nd DAY OF MARCH, TWO THOUSAND SEVENTEEN
BY:
Mr. Vinod Elumalai, son of Mr. Nithin Venugopal Elumalai, aged about 35
years residing at No.24, Mint Street, Anna Nagar, Chennai – 600 024, (ID No:
1234) (Mobile No: 9840356332) hereinafter called the ‘MORTGAGOR’
Mr. Sudhir Elumalai, son of Mr. Nithin Venugopal Elumalai, , aged about 40
years, residing at No.27, Spice Street, Anna Nagar, Chennai – 600 024, (ID No:
5678) (Mobile No: 9840233653) hereinafter called the ‘MORTGAGEE’
The terms ‘MORTGAGOR’ and ‘MORTGAGEE’ shall mean and include

wherever the context admits or requires their respective heirs, executors,
administrators, legal representatives, nominees and assigns:
Whereas the MORTGAGOR is the sole, legal, true, absolute and exclusive
OWNER of the property viz., Land, Furniture, etc., which is more fully and
particularly described in the schedule hereunder, which he has purchased from
and out of his own funds and savings, without any ancestral nucleus, from Mr.
Ashok Bajaj vide a Deed of absolute sale dated 22/03/2017 duly Registered on
the file of the Sub Registrar as Document No. 953126487 of Book I,
Ever since the Mortgagor has been in continuous, uninterrupted peaceful

possession and enjoyment of the said property, with full powers of alienation,
without any let or hindrances, paying all taxes and outgoing payable to the
Government and Local Authorities and has got valid and marketable title to the
said property.
Whereas the MORTGAGOR is in need of funds for his Business

Development/Family Expenses and has therefore approached the mortgagee
herein for a MORTGAGE WITH POSSESSION/LOAN OF Rs. 12,00,000/-
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(Rupees Twelve Lakhs Only) and the MORTGAGEE has agreed to lend the
same on the security of the property referred to above and more particularly
described in the Schedule hereunder;
NOW THIS DEED OF MORTGAGE WITH POSSESSION WITNESSETH AS

FOLLOWS:
That in pursuance of the above agreement, a sum of Rs. 10,00,000/-

(Rupees Ten Lakhs Only) has been paid by way of CHEQUE, No. 001235
dated 01.01.2017 drawn on Bank of India, Ratnagiri Branch and the receipt of
the above amount is hereby accepted and acknowledged by the Mortgagor.
That in consideration of the said sum of Rs. 2,00,000/- (Rupees Two

Lakhs Only), the mortgagor doth hereby covenant to repay the Mortgagee the
said sum of Rs. 1,00,000/- (Rupees One Lakhs Only) and as security for the
due and prompt repayment of the principal amount under this deed, the
Mortgagor doth hereby mortgage the property, with possession, more
particularly described in the Schedule hereunder and it is hereby agreed as
follows:
1. The Mortgage amount is Rs. 1,00,000/- (Rupees One Lakhs Only)
2. The Mortgage amount of Rs. 1,00,000/- (Rupees One Lakhs Only) shall
be paid within the period of 2 years (Two years) or earlier
3. The Mortgage amount due under this mortgage with possession shall be
repayable on demand by the Mortgagee or immediately after 2 years (Two
years) and 24 months notice shall be given for such demand and the
mortgage shall be discharged by the Mortgagee and possession of the
property shall be handed back to the Mortgagor, on the repayment of the
same
4. In case the amount becomes due and payable for any reason either by
operation of above said clauses or by operation of law, it shall be open to
the Mortgagee to exercise all the powers contained in the Transfer of
property Act of 1882, this shall be without prejudice to his right to file suit
against the Mortgagor for the sale of the Property
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5. In case sale is held after due notice to the Mortgagor, by exercise of the
Powers of the Transfer of Property Act, the Mortgagor shall concur with the
Mortgagee in executing a conveyance to the Purchaser and in default of
his doing so, the mortgagee shall be entitled to execute a conveyance deed
to the purchaser, conveying both the rights of the Mortgagor and the
Mortgagee, no such sale shall be impeached by the Mortgagor.
6. In case a sale is held and the Sale proceeds are found insufficient for the
payment of the Mortgage amount, the balance amount shall be made good
by the Mortgagor, personally from his other properties
7. In case a sale is held and there are surplus proceeds, after appropriation
towards cost, and loan amount, such surplus shall be paid to the
Mortgagor
8. The Mortgagor doth hereby covenant that he has got a good and valid title
to the Mortgaged Property and that he has not done anything in
derogation of the same; and that he has not created any other mortgage,
charge or other encumbrances to any other person, over the schedule
mentioned Property
9. The Mortgagor has given possession of the schedule mentioned Property

on this day / agrees to hand over the possession of the schedule
mentioned Property on or before 2 YEARS to the Mortgagee
10. The Mortgagor doth hereby also assures that he will not allow the security
to be impaired within the meaning of Section 69, 69A of the Transfer of
Property Act, 1882
1. The Mortgagor assures that he has paid all the taxes and outgoings in
relation to the Property hereby mortgaged and the Mortgagee agrees
that he shall properly and regularly pay all the taxes and other charges
in respect of the Schedule Property till the Mortgage is
discharged/possession is handed back to the Mortgagor
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2. Any notice sent or left at the address of the Mortgagor given in this deed
of mortgage shall be deemed to be a good service of any notice
12/4 situated at Ratna Nagar, Krishnagiri District in the State of Tamil Nadu
and bounded as follows:
IN WITNESS WHEREOF THE MORTGAGOR HAS SIGNED THIS DEED, ON THE

22nd DAY OF MARCH, TWO THOUSAND SEVENTEEN FIRST ABOVE WRITTEN,
IN THE PRESENCE OF THE FOLLOWING WITNESSES:
SIGNATURE OF THE MORTGAGER
WITNESSES:
1. Divya
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Signature:
2. Kanakavalli
Signature:
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LEASE DEED
THIS AGREEMENT OF LEASE IS ENTERED INTO ON THE 20 th DAY OF

DECEMBER, TWO THOUSAND AND SEVENTEEN,
BETWEEN:
Mr. Akash Arora, aged about 25 years, Son of Mr. Adwait Arora, residing at
No.24, Mint Street, Anna Nagar, Chennai – 600 024, hereinafter referred to as
the ‘LESSOR’
AND:
Mr. Vijay Sethupathi, aged about 30 years, Son of Siva Sethupathi, residing at
No.27, Spice Street, Anna Nagar, Chennai – 600 024, hereinafter referred to as
the ‘LESSEE’
WHEREAS
1. The LESSOR is the Owner of the property situated at No. 24, Mint Street,
Anna Nagar, Chennai – 600 024, more fully described as DEMISED
PREMISES;
2. The LESSOR is desirous to lease out the said DEMISED PREMISES to

the LESSEE on the following terms and conditions.
BOTH THE LESSOR AND THE LESSEE AGREE ON THE FOLLOWING TERMS
AND CONDITIONS OF THIS AGREEMENT OF LEASE:
1. That the LESSOR is owner of the property situated at No. 24, Mint Street,
Anna Nagar, Chennai – 600 024 which he has agreed to let out to the
LESSEE for lease with effect from 21.12.2017.
2. That the LESSOR let out the DEMISED PREMISES at the rent of Rs.
40,000/- (Rupees Forty Thousand Only) per month to the LESSOR
payable on or before the 10th day of every month. The LESSEE agrees to
take the aforesaid property on lease at the aforesaid rate of rent.
3. Rs. 5,00,000/- (Rupees Five Lakhs Only) will be paid by the LESSEE to
the LESSOR towards advance of this lease and vacant and peaceful
possession of the demised premises shall be handed over by the LESSOR
to the LESSEE.
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1. That the duration of the lease shall be 1 year from the date of its
commencement. The said lease can be renewed for a further period of 3
years, upon mutual consent of the lessor and the lessee. Any such
renewal shall be effected by way of Execution and Registration of a
separate deed of Lease.
2. There shall be a rental enhancement of 10% of the basic rent after

completion of 1 Year from the date of commencement of lease, subject to
the condition that there is no breach of any of the terms and conditions
herein.
1. That the LESSEE shall be responsible for keeping the leased premises
in good shape. He shall keep all the fixtures, electric fittings and water
connections in good condition. However, the LESSOR reserves for
himself the right to inspect the premises at all reasonable times and
shall have the premises white washed and effect the substantial repairs.
2. That the LESSEE shall use the premises exclusively for the commercial
purposes and shall not sublet the premises without the written
permission of the LESSOR.
3. That the LESSEE shall, during the tenure of this agreement, pay the
electricity consumption charges regularly to the concerned authority
separately as per meter readings or bills.
4. The LESSEE shall not during the period of the Lease Agreement make
any structural alterations in the said premises without the prior written
consent of the LESSOR, but shall be at liberty to install air-conditions
and domestic electric appliances and other conveniences reasonably
required by him and which remain the property of the LESSEE and
shall be removed by him on vacating the premises.
5. That the LESSEE shall re-deliver the peaceful vacant possession of the
premises to the LESSOR at the termination of the period of lease.
LESSEE intending to vacate the premises at an earlier date, shall give 3
MONTHS NOTICE of his intention to the LESSOR to vacate the
premises at the expiry of the period mentioned in the notice.
6. It is agreed that if the LESSEE commits a breach of the terms by doing

any structural changes in the premises or non payment of rent etc., the
LESSOR shall be entitled to revoke the lease granted after giving the
LESSEE 3 MONTHS written notice.
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(Description of the said Demised Premises)
IN WITNESSES WHEREOF THE LESSOR AND THE LESSEE HAVE SIGNED

THIS DEED ON THE 20th DAY OF DECEMBER, TWO THOUSAND AND
SEVENTEEN, FIRST ABOVE WRITTEN:
SIGNATURE OF THE LESSOR SIGNATURE OF

THE LESSEE
WITNESSES:
1. Jayashree
Signature:
2. Savithiri
Signature:
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SETTLEMENT DEED
(FATHER TO SON)
THIS DEED OF SETTLEMENT EXECUTED AT CHENNAI ON THIS THE 20 TH

DAY OF SEPTEMBER, 2017
BY:
Mr. Dushyanth Srivatsa, son of Mr. Akshay Srivatsa, aged about 35 years
residing at No.24, Mint Street, Anna Nagar, Chennai – 600 024, (ID No: 1234)
(Mobile No: 9840356332) hereinafter called the ‘SETTLOR’ OF THE ONE
PART’
TO AND IN FAVOUR OF
Mr. Sandeep Sethi, son of Mr. Gurdeep Sethi, aged about 40 years, residing at
No.27, Spice Street, Anna Nagar, Chennai – 600 024, (ID No: 5678) (Mobile No:
9840233653) hereinafter called the ‘SETTLEE’ of the OTHER PART;
The terms ‘SETTLOR’ AND ‘SETTLEE’ wherever it may occur shall mean
and include themselves, their heirs, legal representatives, executors
administrators and assigns.
Whereas the SETTLOR herein has possessed the property more fully
described in the schedule hereunder by virtue of Sale Deed dated 22.03.2017,
Registered in Book I as Document No.12345 in the file of SRO HB24768, and
ever since the SETTLOR is in possession and enjoyment of the said property as sole and
absolute owner.
NOW THIS DEED OF ABSOLUTE SETTLEMENT WITNESSETH:
That in pursuance of the above said recitals, and in consideration of the

‘NATURAL LOVE AND AFFECTION’ which the SETTLOR bears towards his Son
the Settlee herein, the Settlor doth hereby settle, grant, transfer and assign, by
way of settlement to and in favour of the Settlee herein the Property which is
more fully and particularly described in the schedule hereunder, together with
all ways, waters, water courses, ditches easements, advantages, liberties, rights
and privileges, and all other appurtenances whatsoever appertaining thereto, to
have and to hold the same as absolute owner with all powers of alienation.
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That till this date of Settlement, the property herein settled and
transferred above is absolutely free from all kinds of encumbrances, charges,
mortgages lien or lis pendens, court attachments.
The Settlor has this day delivered vacant possession of the Schedule
mentioned property to the Settlee herein, and put the Settlee in full physical
possession thereof:
The Settlee is henceforth be competent to enjoy the schedule mentioned

property with full powers of alienation, without any let or hindrances, eviction
or interruptions, claims, or demands, or any kinds of encumbrances, by or
from the SETTLOR, or any one claiming from whom the Settlor derived his
titles.
THE SETTLEMENT MADE HEREIN IS IRREVOCABLE.
PRESENT MARKET VALUE OF THE PROPERTY HEREBY SETTLED IS

Rs.55,00,000/-
IN WITNESS WHEREOF THE SETTLOR HAS SIGNED THIS DEED ON THE 20 TH

DAY OF SEPTEMBER, 2017, FIRST ABOVE WRITTEN IN THE PRESENCE OF:
SIGNATURE OF THE
LESSEE
WITNESSES:
1. Trisha Batra
17
Signature:
2. Kaamna Batra
Signature:
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PROMISSORY NOTE
THIS PROMISSORY NOTE IS EXECUTED AT CHENNAI ON THIS 20 th DAY OF

AUGEST, TWO THOUSAND AND SIXTEEN,
BY:
Mr. Paul Mahiban, son of Mr. Michael Mahiban, aged about 30 years residing
at No. 24, Mint Street, Anna Nagar, Chennai – 600 024, (ID No: 1234) (Mobile
No: 9840356332) hereinafter called the ‘BORROWER’
Mr. Agassi Jacob Thomas, son of Mr. Jacob Thomas, aged about 38 years,
residing at No.27, Spice Street, Anna Nagar, Chennai – 600 024, (ID No: 5678)
(Mobile No: 9840233653) hereinafter called the ‘LENDER’
Whereas the Borrower Mr. Paul Mahiban has borrowed a sum of

Rs.55,000/- (Rupees Fifty five thousand only) as personal loan from the lender
for meeting out his family expenses.
Whereas the Borrower Mr. Paul Mahiban hereby promises to pay the
lender ON DEMAND the sum of Rs.75,000/- (Rupees Seventy five thousand
only) with an interest at the rate of 36.4%.
IN WITNESS WHEREOF THE BORROWER HAD SET HIS HAND ON THE 20 th

DAY OF AUGEST, TWO THOUSAND AND SIXTEEN, FIRST ABOVE WRITTEN,
IN THE PRESENCE OF THE FOLLOWING WITNESSES:
Witnesses:
1. Derrick Thomas
Signature:
2. Sarah Jessica Parker
Signature:
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GENERAL POWER OF ATTORNEY
THIS DEED OF GENERAL POWER OF ATTORNEY EXECUTED AT CHENNAI

ON THIS 25th DAY OF JUNE, TWO THOUSAND AND SEVENTEEN,
BY:
Mr. Ajith Bharathwaj, son of Mr. Siddharth Bharathwaj, aged about 60 years
residing at No.24, Mint Street, Anna Nagar, Chennai – 600 024, (ID No: 1234)
(Mobile No: 9840356332) hereinafter called the “PRINCIPAL”
DO HEREBY APPOINT, CONSTITUTE AND NOMINATE;
Mr. Aneesh Handa, son of Mr. Yash Handa, aged about 30 years residing at
No.27, Spice Street, Anna Nagar, Chennai – 600 024, (ID No: 5678) (Mobile No:
9840233653) hereinafter called the True and Lawful Power of Attorney to do
the following acts and deeds regarding the Schedule mentioned Property.
WHEREAS THE PROPERTY comprised in Anna Nagar, which is more

fully described in the Schedule hereunder was acquired by the PRINCIPAL by
way of Sale Deed dated 24.07.1997, Registered in Book No. 1 as Document
No. 12345, at S.R.O. Venkatesh, from Mr. Ajith Bharathwaj, since then The
PRINCIPAL, has become the sole and absolute owner of the SCHEDULE
MENTIONED PROPERTY.
The PRINCIPAL does hereby appoint/nominate Mr. Aneesh Handa, son of

Mr. Yash Handa, aged about 30 years residing at No.27, Spice Street, Anna
Nagar, Chennai – 600 024, (ID No: 5678) (Mobile No: 9840233653)
ON HIS BEHALF, BY THIS POWER OF ATTORNEY TO DO THE FOLLOWING

ACTS AND DEEDS WITH REGARD TO THE SCHEDULE MENTIONED
PROPERTY:
1. To Sell, Transfer, Lease, Mortgage and to execute all kinds of deeds to

that effect, including Memorandum of Deposit of Title Deeds, Settlement
Deed, Release Deed or any other Deed, with respect to the SCHEDULE
MENTIONED PROPERTY and to sign and to present the same before the
Registering Authority for Registration.
2. To receive advance and/or entire sale amount, Lease amount etc., and
issue receipt therefore.
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3. To enter into agreement for any of the transactions herein.
4. To rent out the SCHEDULE MENTIONED PROPERTY to anybody of his
choice at any rate of rent as deemed fit.
5. To deliver possession of SCHEDULE MENTIONED PROPERTY to the

Purchaser or Purchasers as the case may be either in whole or parts or
as individual sites or as Apartments.
6. To sign all forms and applications for transfer of revenue records in the
Corporation on my behalf in connection with the sale or sales of the
SCHEDULE MENTIONED PROPERTY.
7. To represent, appear and act in all Courts, Civil, Revenue or Criminal

whether Original or Appellate before any Municipal authority, Central or
Stare Government District Board or any other authority and to make
representations regarding the same orally or in writing, relating to the
SCHEDULE MENTIONED PROPERTY.
8. Sign and verify Plaints, Written Statements, Affidavits, Petitions,

Memorandum of Appeals or criminal complaints and claims relating to
the SCHEDULE MENTIONED PROPERTY and to defend any actions, civil
or criminal that may be initiated against the PRINCIPAL.
9. To compromise, compound, withdraw and to confess judgements or refer

to arbitration, any proceedings in Court or before any Government officer
or Authority and to execute and receive any decree for money or other
dealings relating to the SCHEDULE MENTIONED PROPERTY.
10. To represent before the Land Tribunal or any Department of the State
Government or Central Government or any other Authority for the
purpose of filling an appeal, review or revision and to sign Memorandum
of Appeals, Revisions, Review, representation and to engage any
Advocate(s) or any other Competent Person(s).
11. To evict tenant(S) if need arises.
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12. To defend The PRINCIPAL in all legal proceedings concerning the affairs
of the SCHEDULE MENTIONED PROPERTY.
13. To pay all kinds of taxes in respect of the SCHEDULE MENTIONED

PROPERTY.
14. To maintain and render proper accounts, concerning the affairs of the
SCHEDULE MENTIONED PROPERTY to The PRINCIPAL.
15. To appear before Income Tax Authorities to obtain I.T. clearance either
for NOC or sale or Lease etc., in respect of SCHEDULE MENTIONED
PROPERTY.
16. No consideration has been received for executing this General Power of
Attorney.
17. The PRINCIPAL, hereby, declare that all acts, deeds and things lawfully
done by the said ATTORNEY shall be constructed as acts, deeds and
things done by the PRINCIPAL himself, by virtue of the Powers hereby
given.
(Description of the Scheduled Mentioned Property)
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IN WITNESS WHEREOF THE PRINCIPAL AND POWER AGENT HAVE SIGNED
IN THIS DEED OF GENERAL POWER OF ATTORNEY ON THIS 25 th DAY OF
JUNE, 2017 FIRST ABOVE WRITTEN IN THE PRESENCE OF:
SIGNATURE OF THE PRINCIPAL SIGNATURE OF

THE AGENT
WITNESSES:
1. Vritti
Signature:
1. Sheetal
Signature:
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WILL
I, Mr. Prajwal Sunil, son of Yash Sunil, Hindu, residing at No. 24, Mint
Street, Anna Nagar, Chennai – 600 024, Tamil Nadu State, India, on this 16 th
day of September 2017, do here by make this as my LAST WILL and
TESTAMENT voluntarily in sound and disposing state of mind free from
coercion, and undue influence.
I hereby revoke all former wills and codicils if any made by me earlier
I am now aged about 72 years and I am anxious to make necessary

arrangements in respect of the enjoyment of my properties after my life time so
that unnecessary misunderstanding and consequential wasteful litigation
between the members of my family shall be avoided.
I acquired the property more fully described in the schedule hereunder

from Mr. Suraj Bajaj, son of Mr. Ashok Bajaj, in and by Sale Deed dated
15.03.2017 registered in Book I as Document No. 12345. On the file of the Sub
Registrar office at Anna Nagar and since then the said property has been in my
exclusive enjoyment and I have been enjoying the same without any
interruption from anybody.
I have my wife Savithri, two daughters Ravina and Ruchitra and two
sons Rahul and Rohit who will be entitled to succeed to my properties under
law in the normal course. But my daughters are all married and they are living
separately with their husbands. They have been properly and well provided for
during their marriage. They are therefore not given any share in my properties
under this will.
I therefore bequeath the property bearing No. 124444 described as item

No. 1 in the Schedule hereto to my first son Rahul absolutely to be held and
enjoyed by him, after my life time, with full and absolute powers of alienation.
Further I bequeath the property bearing No. 126666 described as item

No. 2 in the Schedule hereunder to my second son Rohit absolutely to be held
and enjoyed by him, after my life time, with full and absolute powers of
disposal.
Any assets, movable or immovable, which might be omitted from being

mentioned in this will or which may hereafter be acquired by me shall be taken
by my wife and the two sons aforesaid in equal shares absolutely.
24
This Will shall come into force only after my lifetime and I reserve my
right to alter or revoke this Will.
SIGNATURE OF THE TESTATOR
SIGNED BY THE ABOVE NAMED TESTATOR AND ACKNOWLEDGED BY HIM

TO BE HIS LAST WILL AND TESTAMENT IN OUR PRESENCE,
WITNESSES:
1. Mohisha Khan
No. 111, Malli Block,
Anna Nagar, Chennai – 600 012
Signature:
2. Pallavi Shah
No. 11, Ceasers Street,
Anna Nagar, Chennai – 600 012
Signature:
25
DEED OF TRUST
THIS DEED OF DECLARATION OF TRUST IS EXECUTED AT CHENNAI AT

10:30 A.M, ON THIS 24TH DAY OF OCTOBER 2017
BY:
Mr. Komal Jain, son of Maneet Jain, aged about 30 years residing at No. 24,
Mint Street, Anna Nagar, Chennai – 600 024, (ID No: 1234) (Mobile No:
9840356332) hereinafter called as ‘AUTHOR OF THE TRUST’ which
expression shall wherever the context so permits mean and include his
successors–in-office.
WHEREAS the AUTHOR OF THE TRUST decided to create and establish

a Trust to make research in Alternative Medicine and Acupuncture for the
welfare of the community at large without discrimination of caste. creed etc
with objects and constitution as hereinafter set forth.
WHEREAS the said objects in view, the AUTHOR OF TRUST have

decided to endow the said TRUST a nucleus of Rs. 60,00,000/- (Rupees
Sixty Lakhs only) in cash; and
WHEREAS it is necessary and desirable to declare and constitute the

said Trust and to record the objects and constitution of the said Trust
NOW THIS DEED OF DECLARTION OF TRUST WITNESSETH AS FOLLOWS:
1. TRUSTEES mean and include the Board of Trustees as described in these

presents, and these Trustees, as appointed, nominated or selected by the
remaining members of the Board of Trust whenever any vacancy arises.
2. CREATION OF THE TRUST:

In pursuance of the intention, the AUTHOR OF TRUST has settled the sum of
Rs. 60,00,000 by cash unto and in favour of the Trustees herein to be held by
them for and on behalf of the Trust hereby created and known as
“__________________” the receipt of which sum of Rs. 60,00,000 which has
already been handed over to the Trustees mentioned hereunder, is hereby
acknowledged by the Trustees, who hereby accept the appointment as such
Trustees of the said Trust, under the terms and conditions, set out hereunder
26
for the fulfillment of the objects of the Trust, more fully and particularly
described and set out hereunder.
3. REGISTERED OFFICE OF THE TRUST:

The registered office of the Trust is situated at present at No. 36, Block D, Anna
Nagar, Chennai – 600 027
4. TRUSTEES:
The AUTHOR OF THE TRUST has appointed the following persons to hold the
office of the Trust as Trustees: Ms. Sanjana Shah
5.1. MOTTO OF THE TRUST:
The Motto of the Trust is “Trust is built with consistency”
5.2. OBJECTS OF THE TRUST:
The objects of the Trust is Service comes first
5.3. BENEFIT OF THE TRUST:
The Benefits of the Trust are open to all irrespective of Caste, religion, race,
sex etc. That the Trust will not carry on any activities with an intention of
earning profit.
6. THE PROPERTIES OF THE TRUST

The properties of the Trust shall be.-
a) The said sum of Rs. 60,00,000 above referred to the receipt of which is
hereby acknowledged by the Trustees;
b) any properties movable or immovable, that may be acquired in future by
the Trust either by purchase or otherwise;
c) all future additions and acceptations to the Trust fund;
d) all future voluntary donations both towards corpus or otherwise gifts,
legacies or grants in cash or in kind accepted by the trustees;
e) all future grants and contributions made to the Trust by the
Government, Government bodies, Trust or Institutions, Trade Union or
Societies etc; and
f) all future sums and assets which by and means become the property of
the Trust.
27
7. QUALIFICATION OF THE TRUSTEES:
The qualification for the trustees shall be
· Financially responsible
8. CESSATION OF TRUSTEESHIP:
A Trustee mentioned below shall cease to be the trustee of the Trust if:-
a) he resigns;
b) he becomes insolvent;
c) He is removed by the majority of the members, if it is found that the
trustee(s) activities are detrimental to the activities or administration or
funds of the Trust
9. APPOINTMENT OF TRUSTEES:
Any vacancy in the Board of Trustees shall be filled up by the remaining

members of the Trust selecting a suitable person.
1. ADMINISTRATION OF THE TRUST
The administration of the TRUST shall vest with the Board of Trustees, which
consist of:
a) One Managing Trustee;

b) One Joint Managing Trustee;
c) One Deputy Managing Trustee and three trustees
11. POWER OF THE TRUSTEES
The Board of Trustees shall have the control and management of the Trust
and shall exercise the following powers:
a) To determine from time to time to commence and to take up the object

and purposes for which the funds of the trust shall be used and allot and
allocate to each of the objects such portion of the funds as they deem fit;
b) To purchase and acquire any immovable property of any kind for this
object of the Trust or as a source of income for the Trust;
28
c) To incur all expenditure necessary as in their own opinion useful for
carrying out the objects and administration of the trust;
d) To open one or more bank accounts of the trust with any bank or banks
as the Trustees may deem fit and deposit monies of the Trust in the Bank
accounts.
e) To borrow for and on behalf of the Trust with or without security from
banks, Governments, Universities or any other government Body/bodies
both Central and State;
f) To incur such other items of expenditure as is necessary and incidental
for carrying out the objects of the Trust;
g) To institute, conduct, defend, compound, withdraw, compromise, adjust,
refer to arbitration or to do such things as are incidental and necessary,
concerning the affairs of the Trust and to sign and verify vakalats,
pleadings, affidavits and other powers’
h) To delegate all or any of the powers vested in the Trustees to any body to
frame rules, bylaws and other codes for the conduct of the affairs of the
Trust and its transactions and establishing any Committee;
i) To accept contributions in cash or in kind either by way of addition to the
trust funds generally or for any one or more of the specified objects of the
Trust.
j) To establish as many adhoc committees as warranted for any purpose.
12. MEETINGS OF THE TRUSTEES:
a) The Managing Trustee shall preside over all the meetings of the trustees
and in his absence the Joint Managing Trustee shall preside such
meeting and in the absence of both, the trustees attended such meeting
may elect any one of them to preside over the meeting;
b) The meetings of the Trustees may be convened by the Managing Trustee
or under his direction by any other Trustees
c) The quorum of the meeting of the Trustees shall be 4 personally present.
d) In the event of equality of votes, the person presiding such meeting shall
exercise casting vote (additional vote).
13. RESOLUTIONS:
a) The Trustees may exercise all the powers vested in them in clause 11
under these presents by resolution passed at a simple majority of the
trustees attended such meetings of the Board of Trustees.
b) Any resolution in writing signed by all Trustees holding office for the time
being shall be valid and binding.
29
14. SUITS:
The Managing Trustee of the Trust is authorized to sue or to be sued on behalf

of the Trust.
12. Execution of Documents:
All Deeds, Documents etc. shall be executed by the Managing Trustee, Joint
Managing Trustee and Deputy Managing Trustee jointly representing the
Trust.
13. ACCOUNTS AND AUDIT:
a) The Trustees shall maintain true and correct accounts of all Trust monies
and of all the income and investments and all the outgoing expenses.
b) The year of account shall be the financial year commencing from 1 st APRIL
and ending 31st March, of each year.
c) The Trustees shall each year issue a report setting out the accounts
showing the income and expenditure of the Trust for the preceding year not
later than six months from the end of the preceding year of accounts.
d) The accounts of the Trust shall be audited every year by a Chartered
Accountant who may be appointed for the purpose by the board of Trustees
and the audited statement of accounts together with Auditors’ report shall
be laid before the Board of Trustees for approval.
17. BANK ACCOUNT:
The Managing Trustee along with the Deputy Managing Trustee shall operate
bank account(s) jointly.
14. POWER TO ALTER RULES AND REGULATIONS:
The Board of Trustees shall have full power and authority to make, alter and
rescind rules and regulations for the management and administration of the
Trust. Any amendment to the Trust Deed will be carried out only with the
approval of the Commissioner of Income Tax.
30
15. APPLICATION OF INCOME AND TRUST FUND:
The Board of Trustees shall be empowered to invest the funds of the Trust in
movable or immovable properties, in such manner as they deem fit for the
purpose of the objects of the trust provided that such investments shall be in
accordance with the provision of Section 13(I) read with Section 11(5) of the
Income Tax Act, 1961 as well as of any other law for the time being in force as
are applicable to charitable trusts.
16. REMUNERTION TO THE TRUSTEES:
The Trustees are not entitled for any remuneration. They shall however be
entitled to receive out of pocket expenses incurred by them in the course of
discharging the functions of the Trust. Further the Income and funds of the
Trust will be solely utilized towards the objects and no portion of it will be
utilized for payment of Trustees by way of profits, interest, dividend or
otherwise.
1. INDEMNITY:
Every Trustee shall be indemnified out of the fund in respect of any loss
arising from or contingent upon any investment made out of the monies of
the Trust unless such loss shall have been occasioned by own negligence
and also every Trustee shall be indemnified out of the Trust against all
proceedings, suits, claims, costs, damages and expenses occasioned by any
claim in connection with the matters or affairs relating to the Trust created
by these presents or in the exercise of powers or discretion vested in them by
virtue of these presents.
2. IRREVOCABILITY:
The Trust is irrevocable.
3. ACTIVITIES OF THE TRUST:
The activities of the Trust shall be only within India and its Union territories
and shall not be extended anywhere outside India.
4. DISSOLUTION:
31
On dissolution of the Trust, the net assets of the Trust shall be transferred to
an association of persons or trust or society having similar objects of this
Trust.
1. PROCEEDING OF THE TRUST:
Any defect in the constitution of the Trust shall not invalidate its proceedings
5. RESIDUARY:
For matters not provided for in these presents, the provisions of the Indian
Trust Act and the Income Tax Act, 1961 and rules made there under will
apply accordingly.
IN WITNESS WHEREOF THE AUTHOIR OF THE TRUST HAS SET HIS HAND
AND SIGNATURE ON THE 24TH DAY OF OCTOBER 2017, FIRST ABOVE
WRITTEN IN THE PRESENCE OF
WITNESSES:
1. Srivatsun Srinivasan
No. 23, Pencole Street,
T.Nagar, Chennai – 600 087
Signature:
2. Sanjay Sharma
No. 2/7, Kapaleshwar Street,
T.Nagar, Chennai – 600 087
Signature:
32
SIGNATURE OF THE AUTHOR OF THE TRUST
IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)
W.P. No. 234 of 2015
33
Ankit Gupta,
Son of Amit Gupta,
No.24, Mint Street,
Arakonam Taluk, Vellore District ....Petitioner
Versus
1. The District Collector,
Vellore District
2. The Tahsildar,
Arakonam Taluk, Vellore District
3. The Executive Engineer
Public Works Department,
4. Arjun Jeyapal,
Son of Jayesh Jeyapal,
No.27, Spice Street,
Arakonam Taluk, Vellore District ....Respondents
AFFIDAVIT OF ANKIT GUPTA
I, Ankit Gupta, son of Mr. Amit Gupta, aged about 46 years residing at
No.24, Mint Street, Reddivalam Village, Arakonam Taluk, Vellore District, now
temporarily have come down to Chennai, do hereby solemnly affirm and
sincerely state as follows:
1. I am the petitioner herein and as such am well acquainted with the facts
of the case.
2. I submit that the present Writ Petition has been filed for Writ of
Mandamus, directing the respondents to remove the encroachment made
34
by the fourth respondent in Reddivalam Irrigation Canal, Reddivalam
Village, Aarakonam Taluk, Vellore District.
3. I submit that I am residing at the above said address from my birth and I
am an agriculturist and also involved in public life for the welfare of the
people and also President of Reddivalam and Tennal Lakes Irrigation
Association. I submit that the Reddivalam Lake Canal is situated in
Reddivalam Village to an extent of 70 acres and the people of the said
village have been using the said path for reaching out agricultural lands.
4. I submit that the fourth respondent is an Ex- Panchayat President and

also holding key posts in the political party has encroached upon the said
lake irrigation canal for an extent approximately at 10 acres. He has
damaged the banks of the said irrigation canal and destroyed it completely
and he is carrying on brickklin business on the encroached lands in
Survey Number 162, 167, 168.
5. I submit that the fourth respondent by installing stone walls has blocked
the passage for the village general public who are using the said irrigation
canal to reach out to their agricultural lands in the area. I further submit
that the villagers are facing immense difficulty in going through the lands
encroached upon by the 4th respondent as he is not allowing the villagers
to use the government lands i.e. the irrigation canal passage.
6. I submit that a Section officer belonging to the 3 rd respondent has filed a

criminal complaint with the Namely Police station against the fourth
respondent and another for damaging and destroying the lake’s banks and
to remove the encroachment by a complaint dated 14.05.2011. However
due to unknown reasons and neither the 3rd respondent followed up the
case nor the police officials have taken any action against the 4 th
respondent and the criminal complaint made by the statutory authority
was thrown away to dark corners and no action was taken up till date.
7. I submit that the village general public made a complaint to the 2 nd

respondent by a petition dated 03.06.2011 during Jamabandhi requesting
them to take action against the 4th respondent and to remove the
encroachment. However no action was taken up by the 2 nd respondent and
the 4th respondent was illegally successful in arm twisting the officers of
the respondents 1 and 2 from taking any action against him with the help
of his political affinity and money power and escaping from the clutches of
law.
35
8. I submit that when the villagers asked the Village Administrative officer
about the complaint against the 4 th respondent, he has simply stated after
one year that there was no such complaint against the 4 th respondent.
Therefore the villagers sent a representation dated 11.05.2012 along with
the copy of the complaint dated 03.06.2011 and the acknowledgement
given for that complaint and requested the 2 nd respondent to take action
against the 4th respondent
9. I submit that on 22.05.2013 I have sent a representation to the 2 nd

respondent during Jamabandhi requesting him to consider the complaints
made by the villagers and to take action against the 4 th respondent and to
remove the encroachment. However no action was taken up by the 2 nd
respondent hence I sent another representation to the first respondent
dated 24.06.2013 urging him to look into the matter and remove the
encroachment made by the 3rd respondent. However to the shock and
surprise of the petitioner, the 1 st respondent being the Highest District
Administrative Authority has miserably failed to act when the
government lands are encroached by the 4th respondent. In the above
circumstances I have no other effective alternative remedy available in law
except to approach this Hon’ble Court under Article 226 of the
constitution of India on the following among other
GROUNDS
A. The petitioner states that the inaction of the respondents 1 to 3 is ex facie

arbitrary, illegal and unjustifiable in facts and law
B. The petitioner states that the respondents having known the

encroachment as early as May 2011 is not taking any action against the
4th respondent for the illegal encroachment made upon the government
lands
C. The petitioner states that after making police complaint the 3 rd respondent
did not prosecute the 3rd respondent or pressed charges against the 4 th
respondent. Thus the 3rd respondent has miserably failed to discharge his
statutory duties in protecting the government lands
D. The petitioner states that the first and second respondent has failed to
consider the repeated representations and petitions made by the petitioner
and the village general public against the 4th respondent.
36
E. The petitioner states that the 4th respondent who has crossed all
permissible limits and encroached upon the government lands and
blocked paths for the villagers is being safeguarded by the respondents 1
to 3 for some unknown reasons and this causes serious prejudice to the
public at large.
F. The petitioner states that the petitioner craves leave of this Hon’ble Court
to raise additional grounds at the time of the arguments.
10. I submit that I have no personal interest in the public interest litigation
except as a member and resident of the Reddivalam Village. The petitioner has
not filed any public interest litigation for this issue and there is no other public
interest pending to the knowledge of the petitioner. I am filing the case out of
his own income arising out of agriculture. I am filing this case based on the
personal knowledge and the knowledge derived from the village elders. I
undertake to pay the costs, if any, ordered by this Hon’ble Court. The annual
income of the petitioner is Rs. 50, 000
Therefore it is prayed that this Hon’ble Tribunal may be pleased to issue

a Writ of Mandamus or order or direction in the nature of directing the
respondents 1 to 3 to remove the encroachment made by the fourth respondent
Reddivalam Irrigation Canal, situated in in Survey 162, 167 and 168 in
Reddivalam Village, Aarakonam Taluk, Vellore District and pass such further
or other orders as this Hon’ble court may deem fit and proper in the above facts
and circumstances of the case and thus render justice.
Solemnly affirmed at Chennai BEFORE
ME
On this the 20th day of March 2015
And signed his name in my presence ADVOCATE
CHENNAI
37
MEMORANDUM OF WRIT PETITION
(Under Article 226 of the constitution of India)

W.P. No. 234 of 2015
Ankit Gupta,
Son of Amit Gupta,
No.24, Mint Street,
Versus
Vellore District
2. The Tahsildar,
3. The Executive Engineer
Public Works Department,
4. Arjun Jeyapal,
Son of Jayesh Jeyapal,
No.27, Spice Street,

....Respondents
WRIT PETITION
The address for service of all notices and processes on the petitioner is that of
his counsel M/s. Mohammed Rafi, Advocate having office at No.22, Green
Street, Wallace Nagar, Chennai – 600 002.
The address for service of all notices and processes on the respondents are as
the same as stated above
38
For the reasons stated in the accompanying affidavit it is prayed that this
Hon’ble Court may be pleased to issue a Writ of Mandamus or order or
direction in the nature of directing the respondents 1 to 3 to remove the
encroachment made by the fourth respondent Reddivalam Irrigation Canal,
situated in Survey 162, 167 and 168 in Reddivalam Village, Aarakonam Taluk,
Vellore District and pass such further or other orders as this Hon’ble court may
deem fit and proper in the above facts and circumstances of the case and thus
render justice
Dated at Chennai, this the 20th day of March, 2015
Counsel for Petitioner
39
W.P. No. 234 of 2015
Ankit Gupta,
Son of Amit Gupta,
No.24, Mint Street,
Versus
Vellore District and others

….Respondents
INDEX TO THE TYPED SET OF PAPERS
SL.No Date Description of documents Pages
Representation to the 2nd respondent

03.06.2011
with translated copy.
Complaint made by the P.W.D. Officer to

14.08.2011 the Inspector of Police, Nemili Police
Station with translated copy.
Representation to the 1st and 2nd

11.05.2012
respondents with translated copy.
Representation to the 2nd respondent

22.05.2013
Representation to the 1st respondent/

26.07.2013
Certified that the papers filed above are true copies
Dated at Chennai, this the 20th day of March, 2015
40
HIGH COURT: MADRAS

W.P. No. 234 of 2015
Ankit Gupta,
Son of Amit Gupta,
No.24, Mint Street,
Arakonam Taluk, Vellore
District
....Petitioner
Versus

Vellore District and others
….Respondent
s
… Respo
AFFIDAVIT
WRIT PETITION
TYPED SET OF PAPERS
M/S. MOHAMMED RAFI

41
MEMORANDUM OF CRIMINAL ORIGINAL PETITION
(Under Section 482 of Cr.P.C.)

(Criminal Jurisdiction)
Crl. O.P. No. 234 of 2015
Rahul Jagganathan,
Son of Aravind Jagganathan,
12/22, Yadav Street,
Vilapakkam village, Arcot Taluk,
Vellore District
….Petitioner
Versus
1. Superintendent of Police,
O/o. The Superintendent of Police,
Vellore District
2. The Inspector of Police,

Thimiri Police Station,
Vellore District.
3. The Inspector of Police,

C.B.C.I.D., Vellore,
Vellore District
….Respondents
PETITION FOR TRANSFER
The above named Petitioner humbly submits as follows:
1. The address for service of all notices and process on the Petitioner is that of
his Counsel M/s. Mohammed Rafi, Advocate having office at No.22, Green
Street, Wallace Nagar, Chennai – 600 002.
The address for service of all notices and processes on the Respondents is that
of the same stated above.
2. The Petitioner states that his wife Anjali Jagganathan was studying in
Sri. Eswari College, Arcot and she completed the B.Sc. examination during
2014 and she went to the college on 27.10.2014 to collect the mark sheets.
She was dropped at the college by her father Kapil Dev and she informed to
42
her father that she will call soon as she collects mark sheets. After that there
is no phone call from the Petitioner’s wife till 1.00 p.m. She did not return to
home. The Petitioner and his father-in-law enquired with the college, relatives
and friends of the said Anjali Jagganathan. But the Petitioner is not able to
find out the said Anjali Jagganathan.
3. The Petitioner submits that his father-in-law Aryan Dev has lodged a
complaint before the 2nd Respondent police on 27.10.2014 at 7.30 p.m. The
2nd Respondent police registered the complaint in Crime No.316 of 2014 as
women missing. But no action was taken by the 2nd Respondent.
4. The Petitioner submits that he has approached this Hon’ble Court and
filed Habeas Corpus Petition (H.C.P. No. 3047 of 2014) on 3.11.2014 and this
Hon’ble Court was pleased to order notice to the 2 nd Respondent and the
matter is now pending before this Hon’ble Court.
5. The Petitioner submits that with the help of his relatives and friends he
has been searching the said Anjali Jagganathan and also enquired about the
missing. The Petitioner came to understand that one Rohit, son of
Ravichandran has abducted the Petitioner’s wife with the help of his brothers
(1) Kanniappan, (2) Karunakaran and (3) Subash. When the Petitioner and
his father-in-law went to the place of the said Rohit for enquiry about the said
Anjali Jagganathan. The Petitioner further submits that the said three
brothers of the Selvaraj admitted that their brother has kidnapped the said
Anjali Jagganathan and they have threatened with filthy languages and tried
to attack the Petitioner stating that they will do anything if it has been
disclosed to anyone.
6. The Petitioner submits that the said Rohit is a professional offender and
there are more than 5 cases pending before the 2 nd Respondent Police station
and other Police stations against the said Rohit.
7. The Petitioner submits that he has informed to the 2 nd Respondent about

the said incident of kidnapping and threatening by the said Rohit’s brothers
and also given a complaint on 17.11.2014. But there is no response from the
2nd Respondent. Hence the Petitioner sent the complaint through Registered
Post on 18.11.2014 and the complaint was received by the 2 nd Respondent
police on 21.11.2014. But till date the case was not registered against the
above said 4 persons.
8. The Petitioner submits that the act of the said Rohit and his brothers
attracts under Sec. 323, 506 (i) and 365 of I.P.C.
43
9. The Petitioner submits that he has given complaint about the incident
which is also pending before the 2nd Respondent Police and the Petitioner is
not aware whether his wife is alive or not? Till date there is no further
development in the complaint and the Petitioner has suffered a lot by physical
and mental.
10. The Petitioner submits that all his attempts to find his wife ends in vain
and the Petitioner has no other option except to approach this Hon’ble Court
for transfer the case from 2nd Respondent to 3rd Respondent for investigation.
It is therefore humbly prayed that this Hon’ble Court may be pleased to

transfer the criminal case in Crime No.316/2014 on the file of the 2 nd
Respondent to 3rd Respondent for investigation and pass such further or other
orders as this Hon’ble Court may deem fit and proper in the circumstances of
case and thus render justice.
Dated at Chennai on this the 20th day of January 2015
Counsel for
Petitioner
44
MEMORANDUM OF CRIMINAL
ORIGINAL PETITION
(Under Section 482 of Cr.P.C)
IN THE HIGH COURT OF JUDICATURE

AT MADRAS
(Criminal Jurisdiction)
Crl. O.P. No. 234 of 2015
Rahul Jagganathan,
Son of Aravind Jagganathan,
Vellore District
….Petitioner
Versus
1. Superintendent of Police,
And 2 Others
….Responden
ts
PETITION FOR TRANSFER

U/S 482 OF CR.P.C
45
M/S. MOHAMMED RAFI
46

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NAME OF THE STUDENT: GAYATHRI NALLASAMY

REGISTER NUMBER: HC15038

COURSE OF STUDY: B.B.A. LL.B (Hons.)

YEAR OF STUDY: 5th YEAR

SUBJECT: DRAFTING, PLEADING

SUBJECT CODE: HCXE

FACULTY’S NAME: PROF. BRUNDHA

S.NO CONTENT PAGE NO.

PUBLIC INTEREST LITIGATION 30

PETITION U/S. 482 OF CR. P.C 38

THIS DEED OF ABSOLUTE SALE IS MADE AND EXECUTED AT CHENNAI, ON

TO AND IN FAVOUR OF:

NOW THEREFORE THIS DEED OF SALE WITNESSETH AS UNDER AND IT IS

Ever since the Vendor has been in continuous, uninterrupted peaceful

NOW THIS DEED OF ABSOLUTE SALE WITNESSETH AS FOLLOWS:

a) A sum of Rs. 2,00,000/- (Rupees Two Lakhs only), paid on 01/01/2017

THE VENDOR DOTH HEREBY FURTHER COVENANT WITH THE PURCHASER

On or towards East: Remaining portion of No. 12/4

On or towards West: Main Road

On or towards South: No. 13/4

On or towards North: No. 11/4

IN WITNESS WHEREOF THE VENDOR AND THE PURCHASER HAVE SIGNED

SIGNATURE OF THE PURCHASER SIGNATURE OF

DESCRIPTION OF THE SAID IMMOVABLE PROPERTY

On or towards East: Remaining portion of No. 12/4

On or towards West: Main Road

On or towards South: No. 13/4

On or towards North: No. 11/4

THIS DEED OF MORTGAGE WITH POSSESSION IS MADE AND EXECUTED AT

TO AND IN FAVOUR OF:

The terms ‘MORTGAGOR’ and ‘MORTGAGEE’ shall mean and include

Ever since the Mortgagor has been in continuous, uninterrupted peaceful

Whereas the MORTGAGOR is in need of funds for his Business

NOW THIS DEED OF MORTGAGE WITH POSSESSION WITNESSETH AS

That in pursuance of the above agreement, a sum of Rs. 10,00,000/-

That in consideration of the said sum of Rs. 2,00,000/- (Rupees Two

1. The Mortgage amount is Rs. 1,00,000/- (Rupees One Lakhs Only)

9. The Mortgagor has given possession of the schedule mentioned Property

On or towards East: Remaining portion of No. 12/4

On or towards West: Main Road

On or towards South: No. 13/4

On or towards North: No. 11/4

IN WITNESS WHEREOF THE MORTGAGOR HAS SIGNED THIS DEED, ON THE

SIGNATURE OF THE MORTGAGER

THIS AGREEMENT OF LEASE IS ENTERED INTO ON THE 20 th DAY OF

2. The LESSOR is desirous to lease out the said DEMISED PREMISES to

2. There shall be a rental enhancement of 10% of the basic rent after

6. It is agreed that if the LESSEE commits a breach of the terms by doing

On or towards East: Remaining portion of No. 12/4

On or towards West: Main Road

On or towards South: No. 13/4

On or towards North: No. 11/4

IN WITNESSES WHEREOF THE LESSOR AND THE LESSEE HAVE SIGNED

SIGNATURE OF THE LESSOR SIGNATURE OF

THIS DEED OF SETTLEMENT EXECUTED AT CHENNAI ON THIS THE 20 TH

NOW THIS DEED OF ABSOLUTE SETTLEMENT WITNESSETH:

That in pursuance of the above said recitals, and in consideration of the

The Settlee is henceforth be competent to enjoy the schedule mentioned

THE SETTLEMENT MADE HEREIN IS IRREVOCABLE.

On or towards East: Remaining portion of No. 12/4