Drafting, Pleading and Conveyance: Project Report
Drafting, Pleading and Conveyance: Project Report
Drafting, Pleading and Conveyance: Project Report
PROJECT REPORT
TOPIC:
TOPIC 1: TOPIC 2:
FUNDAMENTAL DRAFT A PETITION
RULES OF PLEADING FOR EVICTION OF
TENANT
SUBMITTED TO:
Dr. Harman Shergill, Professor,
UILS,
Panjab University, Chandigarh.
SUBMITTED BY:
Shubhkarmanpreet Kaur,
202/17, Section-D, 8th Semester,
B. Com LL.B., UILS,
Panjab University, Chandigarh.
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ACKNOWLEDGEMENT
It is with the profound gratitude and deep reverence that I have completed this project which
would have not been possible for me to do so without the indispensable guidance of my
teacher, Dr. Harman Shergill. I would also like to thank ma’am for sharing various sources
which were extremely helpful for completing the project work.
I’m also grateful to the authors whose books and articles I have used as a valuable resource for
my work.
-
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TABLE OF CONTENT
INTRODUCTUON
PLEADING
WHAT ARE PLEADINGS
OBJECT AND IMPORTANCE OF PLEADING
LEGAL PROVISION OF PLEADINGS
FUNDAMENTAL RULES OF PLEADING
WHAT IS PETITON
HOW PETITION WORKS
PETITION FOR EVICTION OF TENANT
1. GROUNDS ON WHICH TENANCY CAN BE
VACATED
2. STEPS FOR THE EVICTION OF TENT
3. PETITION FOR EVICTION OF TENANT ON
THE BASIS OF DEFAULT IN PAYMENT OF
RENT
3. PETITION 18-20
4. SELF-ASSSESSMENT 21
5. BIBLIOGRAPHY 22
Introduction
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Drafting, Pleading and Conveyancing are the terms, which are most often used in the Court
Proceedings and Registration Department between advocates and clients, advocates and courts,
advocates and opponent advocates. Though these terms look synonymous but each has distinct
meaning and distinct features.
DRAFTING
PLEADING
WHAT IS DRAFTING
CONVEYANCING
Drafting refers to the writing of legal documents. This document can either be an affidavit, a
written statement, a petition, or a plaint.
Pleading refers to a legal document filed in a lawsuit. It is actually the written statement or legal
document which may be by a party for claiming or defencing other party's claim.
Conveyancing refers to the act of transferring the real property's ownership from one to another
person. These transferring are done legally.
Drafting, Pleadings and Conveyance (DPC) is made as a compulsory practical subject forming
part of the curriculum of the Law Course in India. It envisages, inter alia, drafting of civil
pleadings; criminal complaints and other proceedings; writ petition, appeal-civil, criminal; and
also SLP; contempt petition, interlocutory applications, etc. One who acquires the requisite
knowledge, perfection and proficiency in drafting of these matters, shall undoubtedly become a
perfect legal professional. He will be an asset in the legal world. For one, words ‘plaints’ and
‘complaints’ are nearly synonymous. In both, the expression of grievance is predominant. Verily,
when a suitor files a statement of grievance, he is the plaintiff and he files a ‘complaint’
containing allegations and claims remedy. As days passed, we have taken up the word ‘Plaint’
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for the Civil Court and the word ‘Complaint’ for the Criminal Court. Order 6, R. 1 of Civil
Procedure Code (C.P.C.) defines ‘pleading’. It means either a plaint or a written statement.
PLEADING
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The term ‘plead’ means to request or ask for something in a polite and humble manner. Now,
such request can be made orally or in written or in any other form that signifies a request being
made by one before another person or entity which is in a position to grant that request. The
contents of such request, in general, are called pleading.
For instance, two kids A and B are fighting and A complaints to his teacher that B hit A and
injured him. Everything that A tells to his teacher as to where was the fight, at what time, for
what reason, etc. amounts to A’s pleadings. Further, when B is called to justify his actions,
everything that B says in his defence and/or puts any allegations or counterclaims against B are
A’s pleadings.
Thus, pleadings are those information, data or momentous facts which are vital to be asserted in
order to put forward a cause or to establish a defence in a proceeding.
Pleading has an important place in the administration of justice and judicial process. When the
suit or case is brought in the court of law, we have to give facts of the case in the court, and this,
what we give in the court of law is technically called ‘pleading’. What we plead in the court is
called pleading in the civil matters. The success and failure in suit depend on pleadings. When
the pleading is concise, legible and well-drafted, the judicial process becomes simpler and faster.
This is the reason that generally the job of preparation of pleading is handed over to skilled,
experienced and senior advocate.
The pleading is defined as a plaint or written statement. Order 6 rule 11 deal with pleadings.
Pleading may mean plaint and written statement both or we can say pleadings combinations both
plIant and return statements. The pleading is a statement in writing drawn up and file by each
party to a case starting what his contentions will be on the trial and giving all such details as his
opponent’s needs to know in order to prepare his case in answer.2
In Devki Nandan v. Murlidhar 3, it was held that a finding cannot be sustained which is based
on no pleading and no evidence.
1
Order 6, Rule 1, Code of Civil Procedure, 1908.
2
What is Pleading, available at: https://www.lawnn.com/pleadings-what-are-the-fundamental-rules-of-pleading/,
accessed on: 17 June 2021
3
Devki Nandan v. Murlidhar, AIR 1957 SC 133.
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According to Mogha, “pleadings are statements in writing drawn up and filed by each party to a
case, stating what his contentions will be at the trial and giving all such details as his opponent
needs to know in order to prepare his case in answer”4
Order VI of the Code of Civil Procedure, 1908 deals with pleadings in general. Rule 1 defines
pleading, while Rule 2 lays down the fundamental principles of pleadings. Rules 3 to 13 require
the parties to supply necessary particulars. Rules 14 and 15 provide for signing and verification
of pleadings. Rule 16 empowers a Court to strike out unnecessary pleadings. Rules 17 and 18
contain provisions relating to amendment of pleadings.
As per Rule 1 of Order VI of the Code of Civil Procedure, 1908, pleading is defined as plaint or
written statement. It is important to know here the meaning of plaint and written statement.
Plaint is the statement of the plaintiff containing grievances in order to initiate an action in a
court of law. It helps the court to determine the real nature of the suit. Written statement is the
statement or defence of the defendant by which he either admits the claim of the plaintiff or
denies the allegations or averments made by the plaintiff in his plaint.
Jacob states, “Pleadings do not only define the issues between the parties for the final decision of
the court at the trial, they manifest and exert their importance throughout the whole process of
the litigation.” Pleadings provide a guide for the proper mode of trial. They demonstrate upon
which party the burden of proof lies, and who has the right to open the case. They also determine
4
Mogha’s Law of Pleadings (1983) at pg. 1
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the range of admissible evidence which the parties should adduce at the trial. They also lay down
limit on the relief that can be granted by the Court.
Lord Jessel in the notable case of Throp v. Holdsworth5 explained the objectives and purposes
of pleadings in a judicial proceeding. According to His Lordship, the main object of pleadings is
to taper down the parties to certain specific issues and forbid enlargement of issues. Pleading
assists the parties to know the facts and circumstances of the case brought against them by the
adverse party and hence, save time and expense.
Earlier, when pleadings were not in vogue and parties used to argue their case directly in court,
there were instances where parties took much time to respond to the claims because of the
sudden and new arguments of the adverse party.
PRESENTATION:
It is essential to submit the pleadings at the right time, in the right court and in the prescribed
format. If Pleading is not in the prescribed format or not supported with an effort than it is not
presented as per the prescribed manner. Bhakti Hari Nayak vs Vidhyawati Gupta6.
The Pleading must be prepared in such a way that minimum possibility of the amendment may
be there, because the permission of the amendments may be granted many times in the pleadings
and many times it may not.7
Order 6 Rule 2(1) states that “every pleading shall contain, and contain only, a statement in a
concise form of the material facts on which the party pleading relies for his claim or defence, as
the case may be, but not the evidence by which they are to be proved” 8. Thus, this provision
indicates that there are four basic or fundamental rules of documenting a pleading:
5
Throp v. Holdsworth, (1876) 3 Ch D 637.
6
Bhakti Hari Nayak vs vidhyawati Gupta, AIR 2005
7
Pleading under Drafting and Pleading, available at: https://indianjudiciarynotes.com/notes/drafting-and-
pleading/pleading-under-drafting-and-pleading/, accessed on: 17 June 2021
8
Order 6, Rule 2(1), Code of Civil Procedure, 1908.
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1. Pleadings ought to state the facts of the case and not the legal provisions applicable in
the case.
2. Pleadings must contain only material facts.
3. Pleadings should contain the relevant facts on which either party relies but it should not
state the evidence by which the fact is proposed to be proved.
4. Pleadings must contain concise, i.e. brief facts that explain the details of the case in
short.
1. FACTS AND NOT A LAW (Pleading must state only fact and not law :
The first principles after reading are that there should state only facts and not law. In order 6
rule 2 of civil procedure code 1908, it is stated that every pleading shall contain and contain
only a statement in cuisines from the material facts on which the party pleadings relies for his
claims on defence as the case may be. The plaintiff has to States only the material facts in his
plaint by which the defendant comes to know what are the things he has to face in the suit.
Example: In a suit for damages for negligence, it is not enough for the plaintiff to state that
the defendant has been guilty of negligence’ without showing how and in what respect he
was negligence and how he became bound to use due care to prevent an injury to other.
The reason for not mentioning the law in the pleading is that it is the duty of the court to find
out and examine all plea of Law that may be applicable to the facts of the case. However, the
parties can make their submission about law any time. For example, the non-maintainability
of the suit which is a point of law can be urged although no specific plea has been raised in
the pleading. The rule that every pleading must state facts and not law or an interference of
law has got following exceptions:
a) Foreign Laws: The courts do not take any judicial notice of foreign laws and hence
they must be pleaded as facts. The status of the foreign country intended to be relied
upon should be set-forth as substantially as any other facts. .
b) Mixed question of Laws and facts: Where a question is one of mixed law and fact,
it is permissible and proper to plead both the facts and the legal conclusion. For
instance, the defendant may say that the suit is barred by the law of limitation, or he
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may say he is entitled to set off after narrating the facts on which he bases his
conclusions.
c) Condition precedent: The Code of Civil Procedure provides that any condition
precedent the performance of which is intended to be contested shall be distinctly
specified in the pleading of the plaintiff or defendant (Order 6 r.6 of C.P.C.), as for
instance, the legality of the notice under section 80, C.P.C.
d) Custom and Usage of Trades: Custom and usage of any trade and business shall be
pleaded like any other facts, if a party wants to rely on them. But a custom repeatedly
brought before Court and recognized by them regularly is deemed to have acquired
the force of law and need not be pleaded.
e) The facts of negligence, right or liability, unlawful or wrongful act should be
specifically pleaded. Every plea of fact should be specifically raised and proved.9
In the case of Kedar Lal v. Hari Lal10, it was held that it is the duty of the parties to state only the
facts on which they rely upon their claims. It is for the Court to apply the law to the facts
pleaded.
In the case of Gouri Dutt Ganesh Lall Firm v. Madho Prasad11, it was held that the law of
pleading may be tersely summarized in four words; “Plead facts not law.”
Again in Union of India v. Sita Ram Jaiswal 12,the Court held that a point of law which is
required to be substantiated by facts should be pleaded with necessary facts.
9
Dr. A.N. ChaMturvedi, Principles and Forms of Pleadings, Drafting and Conveyancing with Advocacy and
Professional Eth ics (Allahabad Law Agency, Faridabad, Eleventh Edition, 2016).
10
Kedar Lal v. Hari Lal, AIR 1952 SC 47.
11
AIR 1943 PC 147: IC 192
12
(1976)4 SCC 505: AIR 1977 SC 329
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Material facts are those facts on the basis of which the parties want to get relief. Particulars
of fraud, misrepresentation, undue influence, cheating, defamation, breach of trust, willful
default, or undue influence, etc. are material facts. Like in the case of Union of India v. Sita
Ram, the court said that “material facts” means all facts upon which the plaintiff’s cause of
action or the defendant’s defence depends, or in other words, all those facts which must be
proved in order to establish the plaintiff’s right to relief claimed in the plaint or the
defendant’s defence in the written statement.
In the case of Udhav Singh v. Madhav Rao Scindia13, the Supreme Court said that the term
material fact means “All the primary facts which must be proved at the trial by a party to
establish the existence of a cause of action or his defence are material facts.”
EXAMPLE: to give notice in the suits against the government under Section 80 of civil
procedure code in the matrimonial matter, legal marriage is not performed between the
husband and wife etc., are the incidents of material facts which are to be stated in the
pleadings.
13
Udhav Singh vs Madhav Rao Scindia, AIR 1977,I SCC 511
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to the dispute. Though these are not material facts yet these are allowed in England
and hence in India too. But the matter of inducement should be reduced to the
minimum need.
3. FACTS AND NOT EVIDENCE ( facts, not the evidence must be stated)
It is third fundamental rule of pleadings. It says that pleadings should contain a statement
of material facts on which the party relies but not the evidence by which those facts are
to be proved. This is to ensure the fairness of a trial and assure the safety of the evidence.
The facts are of two types:-
a. Facta probanda- the facts required to be proved (material facts); and
b. Facta probantia- the facts by means of which they are to be proved (particulars
or evidence).
The pleadings should contain only facta probanda and not facta probantia. The material
facts on which the plaintiff relies for his claim or the defendant relies for his defence are
called facta probanda, and they must be stated in the plaint or in the written statement, as
the case may be. But the facts or evidence by means of which the material facts are to be
proved are called facta probantia and need not be stated in the pleadings.14
EXAMPLE- In the matters of specific performance of the contract, the name of those
people need not be given under whom the agreement of sale and purchase was performed
because this is evidence related fact.
4. CONCISE FORM (pleading must state the facts concisely but with precision and
certainty) :
The last and final basic or fundamental rule which is also called the ‘rule of brevity’
requires that the pleadings are short, unambiguous and not capable of multiple
interpretations but only one interpretation that the pleader desires to convey.
The fundamental rule of pleading is that it must state the facts concisely but with
precision and certainty. Although the pleading is required to be in brief but with
accuracy and certainty. The pleading must be clear and definite and should not be
14
Fundamental Rules of Pleading, available at: https://www.legalbites.in/definition-and-fundamental-rules-of-
pleading-under-cpc-1908/#_ftn6, accessed on: 17 June, 2021.
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sacrificed for the sake of brevity. But this does not mean that the facts, which required to
be stated, are so much brief that it may lose its importance in the pleadings.
The Golden rule of pleading is that the facts are to be stated in such a manner that
essential things must not be left and irrelevant things not to be included in the pleading.
In Virendra Kashinath v. Vinayak N. Joshi 15, the court observed that pleadings should
be brief and concise, also niggling should be avoided. However that does not amount to
the fact that essential facts need to be omitted or missed in an attempt to get brevity in
pleadings.
The material facts must be stated in a summary form, succinctly and in a strict
chronological order. All unnecessary allegations and their details should be omitted in
order to attain brevity in pleadings. Pleading is not a place for fine writing but only
assertion of hard facts.16 It is desirable to go straight to the point and state fact, boldly,
clearly and concisely and to avoid all paraphrasing and all circumlocutions. 17 As far as
possible an active voice should be preferred to passive in pleading. The same person or
thing should be called by the same name throughout the pleading. The pleading shall be
divided into paragraph numbered consecutively. Dates sums and numbers shall be
expressed in figures, even though the pleading should be concise, it should never be
obscure. It should be both concise, as well as precise. The parties cannot change the case
and get the relief.
A good pleader should bear in mind the following points in relation to a pleading:
a. Describe the names and places accurately and spell them correctly and adopt the
same spelling throughout.
b. One should always avoid the use of pronoun as ‘He’, ‘She’, ‘This’, or ‘That’.
The plaintiff or the defendant should not be addressed by their names at some
place and at some place by the word ‘Plaintiff’ and ‘ defendant’, call them
throughout your pleading by the expression ‘the plaintiff’ and ‘the defendant’ as
the case may be. Where one has to distinguish between two or more plaintiffs or
15
(1999)1 SCC 47
16
Odgers on Pleading, Eleventh edition, p.107
17
Ibid
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What Is a Petition?
A petition is a legal document formally requesting a court order. Petitions, along with
complaints, are considered pleadings at the onset of a lawsuit.
KEY TAKEAWAYS
Landlord-tenant dispute is so very common but it is real difficult to evict the tenant out in India
but not any longer. This was earlier the case. Now the law is entirely in the favor of landlord if
he has a bonafide need or personal necessity.
1. First and foremost serve the Legal Notice for eviction and cite a just and valid reason to
do so within a reasonable time. If rent agreement is in place then follow the exact words
and time limit. Notice by landlord to tenant for demand of possession of house after
expiry of lease period can also be sent.
2. Know the rent law prevailing upon your place. For Chandigarh, Zirakpur & Mohali it is
East Punjab Urban Rent Restriction Act 1949, For Panchkula Haryana Urban (Control
of Rent and Eviction) Act, 1973. These rent control legislations safeguard the interest of
tenants and landlords.
3. Once done the above two, engage one of the expert Rent lawyers in the City. Let the
lawyers and Advocates do their job well.
4. If there is no reply or compliance than better would be filing a Rent petition before the
Rent Controller in District Court (Chandigarh, Mohali or Panchkula)
5. If in your area, Rent legislation is not applicable then Suit for Eviction is filed in the same
District Court for the same reason that is eviction.
Landlord can ask Tenant to eject their property if he has been default of payment of rent for last
few months. The landlord in this regard can file a petition of ejectment of tenant when they
become a defaulter of payment of rent. The court of rent controller decides the matter according
to law.
(PETITION)
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2. Tejinder Singh Sandhu, aged about 50 years, son of Sh. Sucha Singh Sandhu,
Both residents of House No. 4, Phase VII, Mohali.
…….Petitioners
Vs.
Devinder Singh s/o Sh. Jagir Singh r/o H. No. 2617, Top floor, Sector22C, Chandigarh.
.......Respondent
1. That the above-name defendant rented a house No.2617, Sector 22-C, Chandigarh at the
monthly rent of 1,500/- from the plaintiff and performed a rent deed in favor of the
plaintiff. The copy of the rent deed is enclosed with this petition.
2. That according to the rent-deed, the above-stated house was rented by the defendant for a
fixed period of three years from 2018 to 2021.
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3. The defendant regularly paid the the monthly rent of the first year of the agreement
period, but he never paid the monthly rent of last eight months to the plaintiff.
4. Also, he denied ejecting the house after the definite period of three years of the
agreement. Now therefore he is living in the rented house unlawfully and without any
legal justifications.
5. Also, the plaintiff wants back his house for personal bonafide need.
6. That the cause of action initially arises on 26.02.2019 when the defendant denied paying
the monthly rent of the house, and secondly and finally on 20.05.2021 when the period of
the agreement was over and the defendant refused to eject the rented house.
7. That plaintiff and the defendant reside at House No. 4, Phase VII, Mohali and the rented
house is located at house No.2617, Sector 22-C, Chandigarh therefore, Rent Controller,
Chandigarh has the jurisdiction to decide this application.
8. The court fee of Rs.15/- is affixed on this application
PRAYERS
1. The respondent may very kindly be ejected from the rented house owned by the
petitioner.
2. The sum unpaid of rent may very kindly be recovered from the respondent.
3. It must be ordered to the respondent to render all the accounts honestly.
4. Any other relief considered probably by this Respected Court may also be granted.
Petitioner
1. Sucha Singh, son of Sh. Dhara
Singh Sandhu.
2. Tejinder Singh Sandhu, son of
Sh. Sucha Singh Sandhu,
Through Counsel,
Shubhkarmanpreet (counsel for the petitioner)
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VERIFICATION
Verified on the oath at this Nineteenth day of June, 2021 that the contents of the paragraphs 1
to 5 are true to the best of my knowledge while rests of paragraphs are correct to my
information and believe.
Petitioner
1. Sucha Singh, son of Sh. Dhara
Singh Sandhu.
2. Tejinder Singh Sandhu, son of
Sh. Sucha Singh Sandhu,
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SELF-ASSESSMENT
Through this self-assessment report I would like to mention that this project has helped me to
gain practical knowledge on certain concepts of Drafting such as how to draft a petition,
difference between petition, suit, affidavit and plaint, which is immensely important
concepts. One who acquires the requisite knowledge, perfection and proficiency in drafting
of these matters, shall undoubtedly become a perfect legal professional.
While drafting the petition I even learnt that different states have different Rent Law Act.
Delhi Rent control Act, Maharashta Rent Control Act, Tamil Nadu Rent Control Act,
Karnataka Rent Control Act, for Chandigarh, Zirakpur & Mohali it is East Punjab Urban
Rent Restriction Act 1949, For Panchkula Haryana Urban (Control of Rent and Eviction)
Act, 1973 etc. Moreover, I learnt different grounds under which tenant can be evicted by the
landlord. I came across a case law Baldev Singh Bajwa v. Monish Saini, (2005) 12 SCC 778,
in which it was observed by SC that whenever a landlord seeks ejectment of a tenant for bona
fide requirement, it shall be presumed to be genuine and bona fide.
Overall, it was an excellent experience where I learnt very useful and practical things and
finally the project turned out to be much better than I have expected.
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BIBLIOGRAPHY
BOOKS REFERRED:
Dr. A.N. Chaturvedi, Principles and Forms of Pleadings, Drafting and Conveyancing
with Advocacy and Professional Ethics (Allahabad Law Agency, Faridabad, Eleventh
Edition, 2016).
Krishan Keshav, Drafting, Pleading and Conveyancing, (Singhal Law Publications, 8th
edition, 2018)
WEBSITES REFERRED:
www.lawnn.com
indianjudiciarynotes.com
www.legalbites.in
www.investopedia.com
www.scconline.com