184 Author T'of. l'ruhush A.

Mukat
Tierd y the thuder ant hudenent uf the t eafited huedichal Magiattnte e
ae tag1strate C'rt etaput The Appellant prefers thie Appenl # the Follwi,
aengst etter Grunds-

The judgmentof tdhe trial court is bad m law and deerses to be Ret
n*
atgmaent is tunwarranted h the evdedetee on record an the leaned julivial Magrettate huH Initnf

J g n a e n t suffers trom the self suntratictory Findngs. As thhe trial evurt haa t I N That fhin

Aant was mt imnohad in any thett of anv artivle hom the gonlown
Ar t orumstanes ofthe case The Appelant is not gullty of any erlmlnal offenee.

e r . tere is no eye witne testify that the Appellant was present the site of the Theti

Bcause the sentenoe is unwarranted for.

tsTREREFORE PRAVED rHAT AIS uONORABLE COURT BE PL.EASED
. t a n t the appeal tor hoarin. and atter heariny the Appellant, the judgment of the Trial court
a r h a g the comviction and imposing sentence on the Appellant be set aside and he be acquited.

T a t pending the hearing and the final disposal of this Appeal, this Honorable court be pleasedt
saythe Exeratien Pruceeding of the sentenceawanded by the Lcarned Judicil Magistrate previding at
Cour Room Na lof Magistrate Court-Belapur.
pending the hearing of this Appeal and the Final Disposal ofthis Appeal, the Ball granted to
theAppelant may please be continued.
4Ay oer order in the interest of the justic*
For this act of kindness, the Appellant shall ever be thankful to this Honourable court and shall
ever pray.

SD
PLACE: MUMBAI GOVERDHANDAS PANDEY
DATE :21" JANUARY. 2020 APPELLANT

SD
ISHWARLAL AGARWAL
ADVOCATE FOR THE APPELLANT

APPEAL BEFORE THE HIGHCOURT:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION.
CRIMINAL APPEAL NO : 2786 OF 2020.
 Prakash A.. TE
MAG,ISTRA
Prof
185. Author
PEAI AG (GAINST THE ARNED MDICIAL
APP; JUDGMENT PASSED BY THE LEA
AT MAGISTRATE COURI-BELAPUR:
AND
IN THE MATTER
OFCONVICTION
IN THE C. R. NO. 222 (F 2010
DELIVERED ON
19h Decemher, 2020.

e OVARDHANDAS PANDEY.
.APPEALANT.
ANORAMA APARATMENTS. ********4issnussdedAP
(ORIGINAL ACCUSED)

LAPUR, NAVIMUMBAL400614.. ******** s440+44* *********

V/S.

..RESPONDENT.
sTATE OF MAHARASHTRA
( O R I G I N A L
*******************eeeere*osssdd*d********* C O M P L A I N A N T )

.
BELAPUR POLICE STATION)
HROUGH

TO.
JUSTICE AND
THE CHIEF
OTHER PUISNE JUDGES OF
HIGH COURT.
THIS HONOURABLE
PETITION OF THE PETITIONER ABOVENAMED.
THE HUMBLE

MOSTRESPECTFULLY SHEWETH:
2020 passed by the -

the Judgment Dated 19th December, CCOURT

is MAGISTRATE
This Criminal Appeal preferred Against Room No. 32 of
Judicial Magistrate presiding at Court STATE
Learned GoVERDHANDAS
PANDEY VIS.
the Criminal Case No: 222 of 2020 between the
Belapur, in u/s. 379 PC, Convicting
BELAPUR POLICE STATION) and a
OF MAHARASHTRA (THROUGH 3 years of imprisonment
him to undergo
under the aforesaid Section and Sentencing
Appellant
fine ofRs.1000/
at Court Room
of the Learned Judicial Magistrate presiding
the order and Judgment amongst
Being Aggrieved by -
this Appeal on the Following
No. 32 of Magistrate Court Belapur. The Appellant prefers
otherGrounds:
to be set aside.
court is bad in law and deserves
1) The judgment of the trial
the evidence on record as the learned judicial Magistrate has failed
2) The Judgment is unwarranted by
to appreciate the Evidence on record.

the proper judgment in the case.

3) The learned Judge has erred in delivering
the self contradictory Findings, as the trial court has
found that the
4) The Judgment suffers from
not involved in any theft of any
article from the godown.
Appellant was
the Appellant is not guilty of any criminal offence.
5) Under the circumstances of the case,
 Author-Prof.Prakash K. Mokal.
186.
site ot the 1 nert.
was present the
oreover, there is no eve witness to testify that the Appellant
O
7) Because the sentence is nnwarranted for.
-

PLEASED
HONOURABLE COURT BE
PRAYED THAT THIS
I s THEREFORE
Trial court
the judgment of the
the for hearing. and after hearing the Appellant. he be acquitted.
.foadmt appeal be set aside and
sentence on the Appellant,
ecording the conviction and imposing
Honourable court be plcased to
of this Appeal, This
2. That pending the hearing and the final disposal
Learned Judicial Magistrate presiding at
the Evecution Proceeding of the sentence awarded by the
stay
count Room No. 32 of Magistrate Court - Belapur.
of this Appcal, the Baii granted to
That the of this Appeal and the Final Disposal
pending hearing
the Appellant, may please be continued.

4. Any otheT order in the interest of the justice.

Honourable court and shall
ever be thankful to this
For this act of kindness, the Appellant shall
ever pray

SD/
GOVERDHANDAS PANDEY
PLACE : MUMBAI
APPELLANT
DATE:23rd JANUARY,2020
SD/
ISHWARLAL AGARWAL
ADVOCATE FOR THE APPELLANT

REVISION"

INTRODUCTION
the High Court of the Sessions
The term 'Revision' under criminal law means calling of records by
inferior Criminal Court situated
Court and examine the record of any proceeding before any
the correctness, legality or
within its local jurisdiction, for the purpose of satisfying itself as to
or passed, as to the regularity of any
propriety of any finding, sentence or order recorded
proceeding of such inferior Court.
While calling for such record, it may also direct the execution of any sentence or order to be suspended,
his own bond, pending the
and if the accused is in confinement, that he be released on bail, on
examination of the record.

Section 397 of Code of Criminal Procedure deals with the provision of Revision.
a
Note: If an Application is made by any person to the High Court, then such person cannot make
further Application to the Sessions Judge and vice-versa.
Nowan 187. Mokal.
Application lor RevISIon made to a
Author- Praf, Prakash K.
court is drafted as der
sION
REVISI
APPLICATION BEFORE TIE SESSIONS
IN
COURT:
THE COURT OF
SESSIONS AT THANE
CRIMINAL REVISION NO :6OF 2020
. GOVARDHANDAS PANDEY.
B-58, MANORAMA ADANDEY
NORAMA APARATMENTS,
APUR, NAVIMUMBAI-400614,
REVISIONIST.

(ORIGINAL ACCUSED)

VIS.
STATE OF MAHARASHTRA
( T H
THROUGH, BELAPUR POLICE
STATION). *******e***oceseeeseo
.RESPONDENT.
(ORIGINAL COMPLAINANT)
Mayit please your Honour:

This
Learned
Criminal Revision is preferred Against the Judgment Dated 19th
Judicial Magistrate presiding at January, 2020 passeu
Criminal Cas
Case No: 222 Court Room No. 32 of Magistrate Court-Belapur, in the
MAH
of 2020 between VIS. STATE OF
AHARASHTRA (THROUGH BELAPUR POLICEERDHANDAS
STATION) PANDEY
u/s 379 IPC, convicting the
Appellant unaer tne aroresaid Section and Sentencing him to undergo 3 years of Imprisonment d
fine of Rs.1000/-

Being Aggrieved by the Order and Judgment of the

Learned
Room No. 32 of Magistrate Court- Belapur, the Revisionist Judicial
prefers this Magistrate
Revision Application tne
presiding at onCourt
Following amongst other Grounds
1) The judgment of the trial court is bad in law and deserves to be set aside.

2) The Judgment is unwarranted by the evidence on record as the learned Judicial Magistrate has tailed
to appreciate the Evidence on record.

3) The Judgment suffers from the self contradictory findings, as the trial court has found that the
Revisionist was not involved in any theft of any article from the Godown.
4) Under the circumstances of the case, the Revisionist is not guilty of any criminal offence.

5) Moreover, there is no eye witness to testify that the Revisionist was present at the site of the Theft.

6) Because the sentence is unwarranted for.

IT IS THEREFORE PRAYED THAT THIS HONOURABLE COURT BE PLEASED -

1. To admit the Revision Application for hearing, and after

hearing the Revisionist, the judgment of the
Trial court recording the convietion and imposing sentence on the Revisionist, be set aside and he
be acquitted.
 Author-Prof, Prakash K. Mokal
188.
this Honourable court
Application,
Learncd Judicial
2. Th and the final disposal of
this Revision awarded by the
pending the hearing sentence
the Execution Proceeding of the
Cd to stay Court-Belapur.
Aagistrate court Room No. 32 of Magistrate
presiding at
of this Revision
and the final disposal
the hearing of this Revision Application continued.
h a t pending be
Revisionist may plcase
APplication, the Bail granted to the

4. Any other order in the interest of the justice.

this Honourable court and shall
Revisionist shall ever be thankful to
For this act of kindness, the
ever pray.

SD/
GOVERDHANDAS PANDEY
PLACE: MUMBA REVISIONIST
DATE2"FEBURARY,2020.
SD/
ISHWARLAL AGARWAL

ADVOCATE FOR THE REVISIONIST

COURT:
REVISION APPLICATION BEFORE THE HIGH
JUDICATURE AT BOMBAY
IN THE HIGH COURT OF
CRIMINAL REVISION JURISDICTION.
CRIMINAL REVISION NO : 2786 OF 2020.

BY THIE
REVISION AGAINST THE JUDGEMENT PASSED
BELAPUR
LEARNED JUDICLAL MAGISTRATE COURT
AND
C.R. NO.222 of 2018 DELIVERED ON 19th
IN THE MATTER OF CONVICTION IN THE
JANUARY, 2020.

MR.GOVARDHANDAS PANDEY.
B-58, MANORAMA APARATMENTS,
...REVISIONIST.
BELAPUR, NAVI MUMBAI-400614......
(ORIGINAL ACCUSED)

V/S.
STATE OF MAHARASHTRA
. RESPONDENT.
(THROUGH BELAPUR POLICE STATION)...
(ORIGINAL COMPLAINANT)

TO,
THE CHIEF JUSTICE AND
OTHER PUISNE JUDGES OF
THIS HONOURABLE HIGH COURT.
H EH U M B I E

MBLE PETIMION OF TIUE 189. Author-Prof. Prakash K. Mokal.

PETTTIONER ABOVENAME
erRESPECT CTFULLY SHEWETH
is
eiminal Revision
Thls
preterred
Against the passed by tne
Learned. Judicial Magistrate eJudgment
Judgment Dated
Dated 19th January, 2020
Belapur, in the
a t e presiding
presiding at
Court Room No. 32 of
Case No :222 of 2017
MAHAR.
criRASHTRA between MagistnEY V/S STA the
(THROUGH BELAPUR GOVERDHANDAS 10 IPC, conv
Appellan "
POLICE STATION)
Ad
fne o fRs.1000/ Sentencing him to undergo 3 years ofimprisonme

Being
grieved by the ord and Judgment of the Learmed Judicial Magistrate presiding at Court Koom
No. 32 of - the
9 of Magistrate Court icatíon on
Belapur, the Revisionist this Revision Applic
Followingamongst other Grounds prefers
) Thejudgment of the
udgment trial court is bad in
law and deserves to be set aside
The Judgment is has tailea
The Judgment unwarranted by the evidence on record as the learned judicial Magistrate
appreciatethe Evidence on record.
to
3) The Judg the
The Judgment suffers from the self contradictory findings, as the trial court has found that
Revis nist was not involved in any theft of any article from the
godown.
Under the circumstances ofthe case, the Revisionist is not guilty of any criminal offence.

9 Moreover, there 16 no eye witness to testify that the Revisionist was present at the site of the Ihe

Because the sentence is unwarranted for.

TIS THEREFORE PRAYED THAT THIS HONOURABLE COURT BE PLEASED-

1. To admit the Revision Application for hearing and after hearing the Revisionist, the judgment ot tne

Trial Court recording the conviction and imposing sentence on the Revisionist be set aside and he
be acquitted.
2. That pending the hearing and the final disposal of this Revision Application, this Honourable court
be pleased to stay the Execution Proceeding of the sentence awarded by the Learned Judicial
Magistrate presiding at court Room No. 32 of magistrate Court- Belapur.
3. That pending the hearing of this Revision Aplication and the final disposal of this Revision
Application, the Bail granted to the Revisionist may please be continued.

4. Any other order in the interest of the justice.

For this Act of kindness, the Revisionist shall ever be thankful to this Honourable court and shall
ever pray.
SD/-
PLACE MUMBAI GOVERDHANDAS PANDEY
DATE 141H FEBURARY,2020 REVISIONIST

SD/
ISHWARLAL AGARWAL
ADVOCATE FOR THE REVISIONIST
 190. Author-Prof Prakash K. Mokal.
"WRIT PETITON"

Writs can be sought

w/A-226 and u/A-227of Constitution of India through
Kemedies in the fom of
he High Courts of the States and u/A-32 through
the Supreme Court.

Constitution of India. They arc:

There are ive kinds ofWrits provided under
1. HABEAS CORPUS:
"have the
body". This writ provides the prompt and effective
The Latin phrase Habeas Corpus means
of this Writ is to provide for the judicial review of
remedy against illegal restraints. The principal object
the alleged unlawful detention.

2. MANDAMUS:
Mandamus means
the "command". lt is an order issued by the Court to a public authority, asking it to
it by the Constitution or by any other law.
perform a public duty imposed upon
Mandamus is a judicial remedy which is in the form of an order from the Superior Court (The

Supreme Court or the High Court) to any Government, Court, Corporation or the Public Authority to
do or to forbear from doing some specific act which that body is obliged under law to do or refrain
from doing. as the case may be, and which is in the nature ofa public duty and in certain cases of a

Statutory duty.
3.PROHIBITION:
A Writ of Prohibition is a judicial Writ. It can be issued against a judicial or the Quasi-judicial
vested in it.
authority. Where such authority exceeds its jurisdiction or tries to exercise jurisdiction not
A Writ of Prohibition is an order directing an Inferior Tribunal forbidding or from continuing it
with proceeding on the ground that the proceeding is without or excess of jurisdiction or contrary to the
laws of the land, statutory or otherwise.

4. CERTIORARI:
Certiorari means "to certify". It is so named as in it's original form it requires the judge of any inferior
court of record to certify the record of any matter in that court with all things touching the same and to
send it to king's court to be examined.
It is an order issued by the High Court to an inferior court or any authority exercising judicial or quasi-
judicial functions to investigate and decide the legality and validity ofthe orders passed byit.

5.QUOWARRANT0:
Quo Warranto literally means "what is your authority ?". It is a judicial remedy against the occupier
or usurper of an independent substantive public office, franchise or liberty.
If the holder has no authority to hold the office, he can be ousted from its enjoyment.

Drafing of Writs before the High Court and the Supreme Court is hercby presented.

WRIT PETITION UIA.226 OF CONSTITUTION OF INDIA:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

EXTRA ORDINARY WRIT JURISDICTION
CRIMINAL WRIT PETITION NO : 2786 OF 2020

IN THE MATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA

AND
 K. Mokal
MATTER OF 191
IN THE Prakash
Author Prof,
SEC, 498A AND SE.
D SEC, 494 IPC
MATTER OF C. R .NO: AND

*222 OF 2018
STATION
2018 BELAPUR
1 POLICE
rsH SARAN KHURASIA
MANOR
ORAMA APARATMENTS,
APUR, NAVIMUMBAI-400614.. *** . . . PETITIONER

V/S.
TE OF MAHARASHTRA.
H BEL
ROUGH BELAPUR POLICE
STATION).... RESPONDENT.
CHIEF JUSTICE AND
oTHERPUISNE JUDGESs OF
o ONOURABLE HIGH COURT.

HUMBLE PETITION OFTHE

THE
PETITIONER ABOVENAMED.
MOSTRESPECTFULLY SHEWETH:
the F.l.R. has been lodged against the petitioner SHRI, YOGESH SARAN KHURASIA under
Section498A.and Section 494 IPC by the
apur police station vide C.R. NO: 222 OF 2018.
hat the petitioner is the law abiding citizen of India and he is a practicing Advocate in the 1hane
Court.

, That the F.l.R. in this case is lodged by the Respondent at the instance of MADHURI SAXENA.

4. That the Respondent Madhuri Saxena is married to Atul Kumar Saxena in 2002 and by that time
she has become an Advocate.

5, That Madhuri Saxena lodged the complaint against her own father and mother of being beaten and
subhjected to eriminal intimidation on 14.6.2017.

6. That on 16.6.2015 Madhuri saxena gave an application against her own parents to the Distriet
Magistrate alleging cruelty and immorality against them.
1. That the respondent Madhuri Saxena gave divoree to Atul Sexana in August, 2019.
%. After that Madhuri Saxena married one
Yogesh Khurasia who is also a married person and have a
Uving spouse which the respodent knew very wel
.Thereafter, differences arose between the petitioner and the respondent, and the respondent filed the
mplaint with the Belapur police station u/s. 498A and Section 494 1.P.C.

0.
Thatthe second marriage of Madhuri Saxena is null and void as per Hindu Marriage Act, 1955,
She married with the person having living spouse.
 192. Author-Prof.Prakash K.Mokal,
wife between the Respondent and
Under the circumstances, there is no relation of husband and
Yogesh Khurasia.
the second wife is not competent to
4hat the offence u/s. 494 1.P.C. cannot be investigated as

prosecute her so called husband.

AMONGST OTHERS
THAT THE PETITIONER IS FILING THE PRESENT WRIT PETITION
FOLLOWING GROUNDS -

1) That no offence u/s. 498A and Section 494.1PC are disclosed against the petitioner.

2) That the FIR is malafide and lodged against the petitioner for ulterior purposes.

That the second wife cannot prosecute her so-called husband for bigamy u/s. 494 IPC.
3)

4) That Section 498-A IPC does not apply to the bigamous marriage.

5) That the FIR and the investigation are illegal and liable to be quashed.
THE PETITIONER THEREFORE HUMBLY PRAYS AS UNDER THAT:

1. A WRIT OF CERTIORARI and direction or order in the nature of CERTIORARI quashing the
F.l.R. and the investigation under C.R. NO : 222 OF 2018 OF BELAPUR POLICE STATION.

2. Any other Writ direction or order which the Honourable court deems fit and proper in the

circumstances of the case.

3. That the cost of the Writ be awarded.

SD/
PLACE: MUMBAI YOGESH SARAN KHURASIA
DATE: 14" JANUARY, 2019 PETITIONER

SD/
ISHWARLAL AGARWAL
ADVOCATE FOR THE PETITIONER

VERIFICATION-

I, YOGESH SARAN KHURASIA of Navi Mumbai, Indian inhabitant, the petitioner above named,
residing at B-58, MANORAMA APARATMENTS, BELAPUR, NAVI MUMBAI-400
solemnly declare that, what is stated hereinabove is true to the best of my knowledge and belief andI
believe the same to be true.

Solemnly declared at Mumbai this 14h day of January, 2019.

SD/
PLACE: MUMBAI YOGESH SARAN KHURASIA
DATE :14" JANUARY, 2019 PETITIONER
 Author-Prof.Prakash
K.Mokal.
193.
ETUTION UA. 32 OF THE
RLLP
CONSTITUTION OF INDIA:
N THE SUPREME REME COURT OF INHERENT
JUDICATURE
CONSTT RE AT
AT DELI
DELHI (ExTRA ORDINARY
CONSTITUTIONAL
WRIT
JURISDICTION)
PETITION NO : 256 OF 2020.
IN THE
MATTER OF ARTICLE 32 OF THE cONSTITUTION OF DIA
IN THE MATTER OF ARTICLE 21AND
OFTHE CONSTITUTION OF INDA
NTHE
IN AND
THE MATTER OF CONSTITUTIONAL VALIDITY OF SECTION 309 1.P.C. [45 OF 1860)-

IN THE AND
MATTER TO EFFACE THE SEC. 309 OF IPC 60
[45 OF
P.SANTHANAM

36,
ROHINI MAULANA AZAD ROAD,
DELHI-110 001.... ***** **** *********o*eseesceseceee*eeseseeo**esssc**e***on9***** ...PETITIONER.

VIS.
UNION OF INDIA
PARLIAMENT HOUSE
DELHI-110001.... .RESPONDENT.
**********s***o****ssesseesssees*sseeeseesessosenseeean*ssoseeoe *

TO,
THE HONOURABLE CHIEF JUSTICE AND
OTHER HONOURABLE PUISNE JUDGES OF
THIS HONOURABLE SUPREME COURT.
THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED.

MOST RESPECTFULLY SHEWETH

1 THE PETITONER is an adult Indian Inhabitant of Delhi and the Citizen of lndia having address as is
mentioned in the title clause of the Petition.

is the duly elected Government and the present in-charge of the governance of the
2) Respondent
Union of India.

3) The Petitioner humbly states that Sec. 309 of the Indian Penal Code [IPC] (45 0f 1860) is violative
of the Article 21 of the Constitution of India.

4) Your Lordship S. 309 ofthe IPC reads as under-

"Whoever attempts to commit suicide, and does any act towards the commission of such
offence, shall be punished with the simple imprisonment for a term which may extend to one year,
or with fine, or with both."

5) Your Lordship, I would like to draw your attention in the point of suicide. Why the person commits
suicide? What makes a person to do an act that will destroy the most valuable gift of God ie.
"Life" What is the state of mind of a person who has attempted to commit suicide? Human body is such,
that it cannot sustain even the slightest of the pain inflicted upon it, then how the person who wants to
commit suicide inflicts so much pain upon the body? And what makes him inflict that pain, And he
commits the sin of life?.
 Prof. Prakash K. Moka
194 Author
with Hfe, for whom ife hae gnt no meaning ny
more
dehip.
ommitk scide
a
A pereon fotwho
pereon geteworld
w hom fednpcomes to an end commits enieide A persem for whem hf

and death has got no meaning commits suicide

n onship, attempt to eommit suieide is a disensed condition of mind which rergwires treatment
leve and care and not pnishmer
determined to commit quieide can neve
) Suncrde, such, ie no erime under IPC. A person who has
as
is for atternptingg to commit icide
e phevenfed by the fear of pumishment. The reason is, punishment
end not for the act of suicide because dead person or the corpse cannot be given punishment Punishmen
S the outocome of the deterrent theory and that corpse does not have any fear in it as it is not capable of

perceiving any of the five senses.

9) Moreover, if a person succeeds in his endeavour, no offender could be brought to take punishment
so not to remain alive after
the act f
10) The person who is in a state of mind to commit suicide, does
sUCIde because he is very much sure that he will not lail in his endeavour of commission of suicide, and
hence, the fear of punishment of Sec. 309 IPC does not play any role in his act to prevent him to

commit suicide.
1)tis such a state of mind where the person has a very strong feeling that he has lost everything in life
he has nothing to gain but everything to lose, and in such a condition of mind, inflicting a punishment is
Just the addition to his mental agony.
12) Such a person does not deserve to be punished, rather he is required treatment to come out of that

state of mind where he only thinks about suicide.

13) Your Lordship, life does not mean only animal existence. Life means a happy and a dignified life

14) Us. Sec. 309 1PC, A Person who has attempted to commit suicide is punished with imprisonment
upto one year does not serve any purpose. It is not a corrective measure. What is required is to change
the state of mind of the accused who has attempted suicide.
15) Punishment inflicted upon such a person is just punishing the person again, which is highly unjust
and irrational.

16) Your Lordship, this Honourable Court in the case of INDERJEET V/S. STATE OF UTTAR
PRADESH, ALR. 1979 S C 1867 (1980) 1 SCC 255 has held that, procedure established by law
should not be arbitrary, unfair or unreasonable.

Also, your Lordship, in another case of

FRANCIS CORALIE MULLIN
V/S.
UNION TERRITORY- DELHI ADMINISTRATION
AIR 1981 SC 746 (PARA 3) (1981) 1 SCC 608

This Honourable Supreme Court has held that, if there is a law that deprive a person his life and
libertyu then it should be reasonable, fair and just, and not arbitrary, whimsical and fanciful.

17) Your Lordship, it should be noted that, though Article 21, in its grammatical form appears to be
negative by the Judicial interpretation, it has been given positive efeet.

18) Life in Article 21 is not merely the physical aet of breathing. Life is lived at many levels. The soul
inspires and fills up the mind with speech. While the extenal mundane activities of life have their own
 Moka.
Prakash K.
olace,ney are
anifestalions of
being lives.
an
inner, unscen, 195. Anhor-Pref,

indeed is the
real lite, tnat
depth
a Human

they do
Though,
ke note
taka Judicial decisions
un nperceived activity,
1onson
which

on Article 21 do not take

into
account
such an in
an
of the not merely
ahalysts, width of the the life is
animal
existence
right to l
C, To sum we can say
up,

Articiele 21 carries positive, as well as, Right to

19
19
speech
9eRighttonot Article
A rticle

Speak or Right to negative aspects. not to

to under
inctudes ke includes Right
Simi Life
L v eo r Right Die. This was
decided
keep mum.
va
mum. Similarly, Right to
Courts of various
States

and
t h e Honourable Coded in
in cases by the Honourable High
various cases
theme

the year
1987, inin the Case of
1987,
in
ARUTI SHRIPATE DUBAL
MARUT

TE OF MAHARASHTRA CR.LJ. 743 (BOM) (1988).

S1The
The Honourable
Bombay High Court held IPC is
Article 21 of
ultra vires to Art
ourt that Section
Section 309 of to
Constitution of India which
Constitution which guarantees"Right said that "Right
6includes "Right to Live", as well as, "Right toto Life
The
Life" one'sLiberty".
end and life if one soCour
desires.
PAGE NO 755 PARA 20 of the has commented that "If tne
nie judgment
ON
rpose ofthe
preseribed punishment nent Honourable Justi
Honourable Justice, Sawant it is
deterrence,
is to prevent the rospective suicide by
eult to understand how the same can be achieved by punishing those who have made ne
difficult

atempts, because those who make the suicide attempt on account of mental disorders require psychiatricC
treatme
ent, and not confinement in the prison cells where their condition is bound to worsen leaaing
of acute
further mental derangement. Those on the other hand, who make a suicide attempt on account
disablement
hvsical ailments, incurable disease, torture, decrepit physical state induced by the old age or

need nursing homes and not the prison to prevent them from making the attempts again. No deterrence
to hold K nese who want to die a special or the political cause or to leave the wO
is further going
either because of the loss of interest in life or for self deliverance. Thus, in no case does the punisnin
serve the purpose and in some cases it is bound to prove self defeating and counter-productive.

in tne
20) Your Lordship, prior to the case of Maruti Shripati Dubal in the year 1985 Delhi High Court
case o

STATE V/S. SANJAYA KUMAR

CR.L.J. 931 (1985)
of
While acquitting a young boy who attempted to commit suicide, strongly advocated for the deletion
Sec. 309 IPC from the statute book and said that "The continuance of Section 309 IPC Is an
anachronism unworthy of a human society like ours. For such social misfits, medical clinics area
needed for treatment and not police lock-up and prison. The irony of the facts is that the Law of Land
instead of sending the young boy to a psychiatric clinic society, is happy to send him to a prison to mingle
with criminals.

2) Your Lordship, in the year 1994, a Division Bench of this HonourableSupreme Court presided
over by the Honourable Justice R.M. SAHAI and Honourable Justice B.L. HANSARIA. In the case
of-
P. RATHINAM PATNAIK V/S. UNION OF INDIA
AIR 1994 SC 1844
Upheld the verdicts of both, the Bombay High Court and the Delhi High Court in the above
mentioned two cases, and held that Section 309 IPC is violative of Artiele 21 of the Constitution of
India and said, "It is a cruel and irrational provision". The Honourable Supreme Court expanding the
scope of Article 21 of the Constitution of India upheld that "Right to life" includes "Right not to live a
forced life" i.e. to end one's life if one so desires. The Honourable Supreme Court further said that a
Person who attempts to commit suicide does not deserve punishment because he has failed to commit
 196. Author-Prof. Prakash K. Mokal
u/s. 309 IPC will make his life more painful and it may result n
suicide, In fact, Punishment
has suffered agony and wOuld be undergoing humiliation because his
punishing a person again, who will make the determination of committing suicide
failure to commit suicide. The punishment more
that there can be no justificalion to prosecute sacrificers of their lives, thev do snot
stnng. The court said
wise
counseling ot a psychiatrist required, and not stony deali.
ealing
deserve punishment, rather, soft words,
treatment meted out by a heartless prosecutors. The Court said that th
by a jailor following harsh ultra vires to Article 21 as "No
suicide is unconstitutional and erson
punishment for attempted or dislike.
his detriment, disadvantage
shall be forced to enjoy life to
Article 14 of the Constitution of India
309 IPC is also violative of ch
22) Your Lordship, Sec.
reads as under:
equality before the law or the equal protection of laws laws
The state shall not deny to any person
within the territory of India".
Sec. 309 IPC puts the hardened criminals and the mentalh
Sec. 309 IPC treats all unequals equal.
as
While giving punishment to person
suicidal tendencies in the same footing.
agonized persons having difference between the mentall
Sec. 309 IPC does not make any
who has attempted suicide bars to intermingle with each other
eriminal. Both are put behind the
frustrated person and a habitual and as such, Sec. 309
his state of mind and the agony he going through,
1s
Law does not have regards to in life cannot be forced to live
irrational and violative of Article 14. A person who is suffering
IPC is
his life and suffer more.
RATHINAM PATNAIK VISs
Honourable Supreme Court in the
above mentioned case of P.
23) The irrational provision and violative of
Sec. 309 IPC is cruel and
UNION OF INDIA has held that the
and does not treat unequals as unequally.
Article 14 of the Constitution of India
the attempt to commit suicide
is not against the religion or
24) YourLordship, the act of suicide or circumstances. This is evident
in Ancient India in certain
morality. Infact, suicide was permissible
that:
from the statement of Manu, Where he says i.e. by drowning, burning or by
his body by one of the ways
A Brahman having got rid of world of Brahman free from
starvation are the ways practiced by
the great sages was exalted in the
sorrow and fear.
said "A
may man undertake the
while commenting on Manu has
25) Baudhayana and Kulluka which ends in death, when he is an incurably diseased,
Mahaprasthana (Great departure) journey
a
rules.
and that, it is not opposed to vedic
or meets with a great misfortune,

be a monstrous act to inflict

further suffering on a man who has already
Your Lordship, it would
26) his life. Infliction of
decides to incur pain and death in order to end
found his life so unbearable that a he
punishment to such a person would unjust.
be
Honourable Supreme
case of P. RATHINAM
PATNAIK V/S. UNION OF INDIA, the
27) In the
"An act of suicide cannot be said to be against religion,
Court has held under Para II that,
an act of attempted suicide has no
baneful effect on the society.
morality or public policy, and of this,
suicide does not cause any harm to others, and because
Further, an act of suicide or attempted such,
state's interference with the personal liberty of
the concerned person is not called for, and as
declared that the act is not against the Religion and public policy or morality.
that,
Sawant in the case of Maruti Shripati Dubal has said
28) Your Lordship, Honourable Justice P. B.
to Sec. 300 IPC, because different punishment
Sec. 309 of IPC is discriminatory in nature when compared
but Sec. 309 IPC prescribes
is prescribed for murder and culpable homicide not amounting to murder,
circumstances under
the same punishment to all individuals irrespective of the different sets of
which the suicide attempt is made.
 Olordshp, L.aw 197.
.45, aller Commission of Indin the
in Author Prof. Prakash K. Mokal.
making a carelul year 1971 n its 42
apainst ihe abulition,
has
analysis of the merits and
demerits Report
of the remsons
on IPC on Page No:
a hat the rightly
penal provision are recommended for advanced in favour ot,
harsh and repeal of Sec, 309 1PC from the IPC
30)Your Lordship, it is high time unjustiflable. on the

tility in the present

in the that Sec. 309 IPC be
day of tension and stressful life. repenled from the statute books
as it has lost its
THEREFORE, PRAY BEFORE TIHIS
1) neclare Sec. 309
Decl
Constitution of India,
PC as HONOURABLE
Unconstitutional as it is
SUPREME COURT TO:
violative of Article 21 and
d Article 14 of the
ince
2) Sine Sec. 309 IPC is eruel
and
irrational it should be
3) My petition
is similar to the
abolished.
RATHINAM PAAT petition of
VS. UNION
ore the Honourable Supreme Court OF INDIA
Wher

A)Punishment u/s. 309 IPC has held that,

is and harsh
the Constitution of India. unjustifiable and violative of Article 21 and Article 14 of
B) Sed 309 IPC is cruel and
irrational.
Suicide
C) Suicide iis not
against the Religion or Morality.
D) Suicide or
attempt to
suicide, caused
is not osed to
no harm to other
suicide
public policy. member of the society, and as such,

4)T The provision of Sec. 309 IPC be effaced from the

statute book to humanise the penal laws.
costs of this
5) FFor petition, and such other and
deem fit. further orders as this Honourable Supreme Court
may
PLACE: DELHI SD/
P. SANTHANAM
DATE: 15"FEBURARRY, 2015
PETITIONER
SD/-
ISHWARLAL AGARWAL
ADVOCATE FOR THE PETITIONER

VERIFICATION-
1. P. SANTHANAM of Delhi, Indian
inhabitant, the
Petitioner above named residing at 36, ROHINI
MAULANA AZAD ROAD, DELHI-110 O01 do solemnly declare that what is stated hereinabove is true
to the best of my
knowledge and belief and I believe the same to be true.
Solemnly declared at Delhi this 14" OF JANUARY, 2020.
SD/-
PLACE DELHI P. SANTHANAM
DATE: 14JANUARY, 2020. PETITIONER
 198.
Author-Prol, Frakush K,K. Mokal.
PART-II

CONVEYANCING"

NTRODUCTION:relates to property transaction. Conveyancing is

the system of rl
e r m Conveyancing property can be bothr
preparation ofthe
and Immovable.
documents relating to
Transfer of Property.
The

Movable the
can be created, traned
which an interest in a property
Conveyancing can be described as an act by
transferred in many ways i.e. by Sale, M
sferr
immovable property can be
extinguished. The the transaction should be in writing. But when th"Rags
Gift, Will, In every such transfer,
Lease, etc.
can be transferred orally without any writine
is less than Rs. 100/-, then the property
the property
Rs.100/- in value, the transaction should be in writinhen
the property to be transferred is more than
where the importance of Conveyancing ariSes.

Documentation is an ancient concept. In Narada Smiriti, it is quoted that writing is an excellens

because it solves all doubts which would otherwise arise in regard to place, time, profit, matter,
etc. relating to past transactions. The things which human beings are likely to forget and are unable t
through. could be seen by creating documents. Thus, documents form an important part in TTanster a
of
Property.
The advantage of Conveyancing is that, if Documentation is made systematically, it would put ever
transaction in its proper perspective. It would save a lot of disputes and litigations. A systematic a
o t Documentation is necessary to maintain discipline and uniformity in the practice n
Conveyancing.
Coveyancing ereates "uniformity when you can have it, diversity when you must have it, but in a
cases certainty."

tn this part of Conveyancing, we shall sce how the conveyancing is effected by various modes.

Different drafts of conveyance are as follows:

AGREEMENT FOR SALE"

INTRODUCTION
Agreement For Sale is defined u/s. 54 of the Transfer of Property Act, 1882 as "A contract
(agreement) for the sale of Immovable Property is a contract that a sell of such property shall take
place on terms settled between the parties".

It should be noted that the Agreement For Sale does not, of itself, create any interest in
such property.
or charge on
geforea nA g r
ement For Sale is made, 192 K. Mokal.
Author-Pref,Prakash the sale of
atnd discuss the terms the partics viz. Vendors
perty, and
and Purchasers
Vendors and
for
negotiate for
and by the
and condisv17, he Vendor sell,
o buy the property, )ne conditions of the
th Vendor to
buy
nce the by the enter into
the to

Agreemen For Sale" the terms and conditions

nditions are
Agreene
ment the parties, they
Agreement for scttled
g u y e r

i tween

areasunder: Sale is made upup of various parts.

e
T h e Y

) ription ofthe Deed

Description

starts with "THIS

with "THIS
|t UARY, 2017. AGREEMENT FOR SALE IS MADE AT MUMBAI THIS
7" DAY OF
FEBRUA A
DALE
MA

uhich the Agreement is to be

Date:

Daleo n
executed is to be mentioned.
)Parties:

Nanesof the parties and the addresses should be mentioned i.ctthe Vendor's and the Purchasers.
Recital clause:
two
types 1)
They are of Narrative and 2)
a Narrative Recital: Inroductory.
Itsets out he title of the Vendor to the property by tracing the title from the
h)Introductory Recital: origma
It indicates the occasion or the reason or
the execution of the Agreement. object leading to

The Recital clause always starts with the word "WHERE AS"
TESTATUM CLAUSE:
'T STARTS WITH "NOW THIS DEED WITNESSETH..."
An) OPERATIVE CLAUSE:
This is the main part of the Agreement which gives what, when and where of the Agreement.

6b) PARCELS:
It gives the Description of the property given in the Schedule

6c) HABENDUM CLAUSE:

it begins with the words "TO HAVE AND TO HOLD absolutely or for life the said piece or parcel
ofland

6d)COVENANTS
Generally, FOUR COVENANTS are incorporated in the conveyance. They are as under
) The Covenants as to Right to Convey.
i) The Covenant for quiet enjoyment.
i) The Covenant against enjoyment.
iv) The Covenant for further assurances.

7) Schedule ofthe property:

It gives the description of the property and shows directionwise how it is bounded on the East, West,
North and South side.
 ) Testimoninm clanse
200. Author Prof P'rakashK. Mokal.
is as under " IN WITNESS VHEREOF THE VENDOR HAVE HEREUNTO SET AND

CRIBED NIS HANDS AND THE SEAL TO THIS AGREEMENT FOR SALE THE DAY
AND1EAR FIRST HEREINABOVE WRITTEN"
9) Signature of parties:
The signature of the parties to Agreement are there
10) Attestation clause
The Agreement for Sale to be attested by two witnesses.

11) Receipt clause:

The acknowledgement of price paid by the purchaser to the vendor is made in this clause by the vendor

An Agreement For Sale is Drafted hereunder, based on the facts hereunder written:

EACTS-
RAMSINGH YADAV is the owner of a flat namely Flat No.5 in VRINDAVAN CO-OP HSG. SOc.
LTD. ADMEASURING ABOUT 750 SQ.FT. his ownership is evidenced by the SHARE
CERTIFICATE NO.8 bearing FIVE SHARES NUMBERING 251-255. Ramsingh Yadav wishes to
sell this flat to MR. SHYAMSINGH KHURANA for a total consideration of Rs. 60 lakhs, it is agreed
that Rs. 10 1akhs would be paid as earmest money at the time of execution of the Agreement of Sale, and
the balance of Rs. 50 lakhs would be paid on execution of the conveyance.

It is agreed that Mr. Ramsingh Yadav shall obtain the necessary N.O.c. from the society.

AGREEMENT FOR SALE

THIS AGREEMENT made at MUMBAI on this 7th day of FEBRUARY, 2020.

BETWEEN

RAMSINGH YADAV of Mumbai, Indian Inhabitant, residing at FLAT NO. 5, EvEREST,

VRINDAVAN CO-OP HSG. SOC. LTD. CHEMBUR, MUMBAI 400 074. hereinafter called "The
Vendor" (which expression shall unless it be repugnant to the context or meaning thereof, shall mean and
include his heirs, legal representatives, executors and administrators) of the One Part.

AND

SHYAMSINGH KHURANA of Mumbai, indian inhabitant, residing AT D-25, GREEN ACRES

BANDRA WEST, MUMBAI-400 050. hereinafter called "The Purchaser" (which expression shall,
unless it shall mean and include his heirs, legal
be
repugnant to context orthe meaning thereof,
representatives, executors, administrators and assigns) of the Other Part.

WHEREASS
 Prakash K. Mokal.
Vendor is the owner of
Flat No.5 201. Author-Prof. known
of building
hEREST" (hereimalter referved acdmmensuring u t 750 2d noor
o square feet on
the second
floor
er
" * \

to Flat No. 5 on
reterrecd to
"the said as"the as sNaid lding") and the
Building"):
described in
the schedule
erer written, and delineated on theFlat") and which is mo particularly surrounded by the Red
hereuna

red Boundary to this plan thercof,

CO, hereto annexed
and shown, situatedat
agreement SOC. LTD,
CoNO 15,
CHEMBUR, MUMBAI belonging
g toto VRINDAVAN
VRINDAVAN CO-OP
C HSG.
VRINDAVAN
CO-

PATIVE HOUSING SOCIETY LIMITED,

oPL
400
/ 4 , and
074, nd he is the member of the
me UNDER SERIAL NO. 246 OF
fter referred to as
1995(hereinate "the said ED, REGISTERED UND the owner of the said flat in
REGISTERED
he has been allotted as a member and as
Society")
Society") and as
Society, face value of Rs.50/
Rs.5
Rupees Fity Only) each bearin paid-up shares of the said Socicty of theunder share certificate
(hereinafter referred to as v e No. 251 to 255 (both inclusive)
"the said
Shares")
No.8

AND WHEREAS

endor is entitled to
The Vend now
absolutely seized and possessed of, and is otherwise
otherwi well and sufficiently
the said
Flat in the
Building of hpOSsessed
the said Building of the said
Society.
AND WHEREAS
The Vendor herein has agreed to transfer, and the Purchaser has agreed to acquire all rights, title and
interest of the vendor in the said Flat and the said Shares with all legal consequend including the right
of occupation, including his right, title and interest in the said Flat for a total consideration
of RS.

60.00.000/-(RUPEES TWENTY LAKHS ONLY).

AND WHEREAS
The Parties hereto have agreed to reduce into writing the Terms and Conditions on which the Vendor nas
agreed to transter, and the Purchaser has agreed to purchase and acquire the right, title and interest or tn

Vendor in the said Flat including the entire interest of the Vendor in the said Society.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. The Vendor doth hereby agrees to transfer unto the Purchaser and the Purchaser doth hereby agrees to
purchase and acquire all the right, title and interest of the Vendor in the said Society including the said
Flat admeasuring about 750 Square Feet of built up area on the 2ND floor of the building known as
EVERERST belonging to the VRINDAVAN CO-OPERATIVE HOUSING SOCIETY LIMITED
situated at PLOT NO 15, CHEMBUR, MUMBAI 400 074 together with the said Shares beaning
Distinctive Nos.251 To 255 (both inclusive) allotted under Share Certificate No.8 and all the right of
the Vendor as to the use, occupation and enjoyment and ownership of the said Flat together with all
rights, title and interest of the Vendor in the said Society for a total consideration of RS. 60,00,000/
(RUPEES SIXTY LAKHS ONLY)to be paid by the Purchaser to the Vendor in the manner hereinafter
mentioned.

2. The said consideration will be paid by the Purchaser to the Vendor that is to say: RS. 10,00,000/- (TEN
LAKHS ONLY) paid on or before execution of this agreement as Earnest Money (the payment and
receipt whereof the Vendor doth hereby admit and acknowledge and acquit, release and discharge the
Purchaser from the payment and receipt thereof and every part thereof) and
Balance consideration of RS. 50,00,000/- (RUPEES FIFTY LAKHS ONLY) will be paid
execution of the Sale Deed and against the delivery of vacant and peaceful possession of the said Flat by
the Vendor to the Purchaser.

3. It is agreed that, in the event of any delay or default by the Purchaser in making payment of the balance
consideration on the due date, the Vendor shall be entitled to give seven days notice in writing to the
P'ue haset vak iny in iw rhene ofthe contract, and
202.
ote pettnl, then in ihat vent this Agpreement shall h
fofest the camed muaey f
eeterminat
Pure
RS, 0,00,000/- (RUPERS
Aut
huserhorIan
the execution hereot
4. it is agreed between ihe partien that, if there is anu
ES
EN LAKlcd an (ONIihe
rol.Pruu
perfonming his part of the vntravt then the Purchaser dela or dc
Agreement together wih ight lo elaim costs, charges andshall
Mut
exDere.led t
5 The Vendor hoth hevby levlare and covenant with ih
encumbrances of any alure whatuoover, and that the
Flat and has full right and athoty toaanign and transfer has ull VendorPurchaserth
his entirefull
the
the said Flat and the said Shavea to the Purchaner right, title
intereut n
the ittefr fr
The Vendor has roecnted to (he l'urohauer saud e
That the Vendor has pail all
the hios anut oulgoings in reupect A
the said
That the said Flat ia ree from ll enoumbrancos Flat up to
date
hat the said Flat belonga to the Vendor abuolutoly and that no
ae ar merest whatsoever, therein by way of Nialo, gil,
Cxchan person or person
i shares said flat inheritance, lense
s have at

wthstanding anything herelin contained, any nct, decd, mat

y he Vendor of any porson or persoms wliully
oquitably or or
thing of whats
i h e Vendor has full right, power and absolute claiming
authority to sell. by, vatsavever
from, thtone tvattrrriyiwt a
ell or fvat
ad his right, title and interot in Ihe
nat the Veul. transfer to the
F gh in
said SCioty and that
Vendor
Ted v do any act, deed, imallor
or thing wlioreby the ownershin has not Purchas
done
of commiste
T y he Vendor may bo rendered illogal and/or
unauthorised for a ndlor occupatom of
on ot
he Vendor shall obtain
the necessary No Objection any accenn
e r szle of the interest of the Vendor in
Certilieate s.
the sHld Society, ns well as, the ria.the said Society for
e Vendur in the said Flat as herein containcd, to the P'urchaser and
Puritaser 1o he membership of the said Society in his placo und
also interest
terin is wmpleted by delivering tho vaCAnt hnd
instcad of the V admission of the
pOACehil posCSsion of the said 1lat to the en the sale
Tuat o eyment of the full purchase prico hereim rekerved, thc
Purchascr shall be
and peazAad ponsession ofthe said FMat entitled to the

7. The Vends doh hercby agrec to sign and oxecute

nny decd or writing, s well as, all other
decumets as may be required by tho Purchasor for transterring the said Flat nan
papers nd
and the said shares to the
niane of the Purchaser in pursuance of this he
Agreement.
%.The Purchaser doth hercby covenant with the Vendor that he shall
always abide by the Rule
Regulations and By-laws of the said Socicty and shall pay the municipal taxcs and maintenance chargesin
respect of the said Flat from the day the Vendor delivers po8sCHsion of the said Flat to the Purechaser. It is
specifically agreed by and bctween the parties that till the said Flat is trunsferred in the name of the
Purchaser, the Purchaser whall not bc liable to pay any maintenance charges in respect of the said Flat to
the said Society and the same shall be borne by the Vendor.

9.hasThat the Vendor declarcs that his Membership of the said Society is subsisting and is in full fonce and
not been terminated.
 Vendor has represcnted to
0 . The Vcndor

203. Author Prof. Prakash K.

Mokal.
the
Nableto the said Sciety for Purchaser thatt the total transfer fee transfer premium donatiot
all be bome and iransfer of the saidaflat/ saicd shares said snciety in the nameot
tne
Punchaser
paid by both the 1atsaid of the
share« of e
parties in equal
greed betwCen the Vendor and proprrto
taal salc decd and tation the Purchaser
P'urchaser that thethe expenses for stamp duty on these presents
alone and he Vendor Registration charges expenses for st rne and
n eh a s e

shall
in
respect of thi
not be liable to pay the paid DY the
ity or duties in respect
stanm duty o r

a y the same or any part theref.

However,
of all previous transfers
tFansfers in
in respect of the said flat shall he the respensibtiity
f the Vendor.

respect o
Vendor doth hereby undertake to
hand over all the
concening the said Flat to
the
aa 00.000/-(RUPEES FIFTY LAKU n s r against
Purchaser
documents inchuding share cer
00/-(RUPEESFIFTY against receipt
LAKHS ONLY).
the
the receipt of the halance consideration
o
of R

The Vendor doth hereby undertake to do and to as and

it is necessary,
proper or expedient
execute all
for the purpose of acts deeds, matters and things
andthesaid:Shares of the said effectually transferring te
fully and Flat
Society to and in favor of the Purchaser
hle the Purchaser to have and to hold er in the record of the said Societyy
the
cnable

said Flat and the said Shares absolutely.

SCHEDULE OF PROPERTY
Al that piece and parcel of Flat No.5 admeasuring about 750
square loor building know
feet on 2d of
"EVEREST" in
VRINDAVAN CO-OP HSG. sOc. LTD..
400 074, a registered Society under Serial No.246 of 1995 together with five15, CHEMBUR,shares
MUMBAI
PLOT NO
ot
said Society of the face value of Rs.50/- (Rupees Fifty Only) each bearing distinctive Nos.251 to 4>fully-paid-up tne
hoth inclusive) under share certificate No.8 and bounded as under:
ON OR TOWARDS THE EAST BY THE ROAD
ON OR TOOWARDS THE NORTH BY PLOT NO 12.
ON OR TOWARDS THE WEST BY THE ROAD
ON OR TOWARDS THE SOUTH BY PLOT NO 13.

N WITNESS WHEREOF, BOTH THE VENDOR AND THE PURCHASER HERETO HAVE
HERE UNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS ON THIS AGREEMENT
FOR SALE AT MUMBAI ON THE DAY AND MONTH HEREINABOVE WRITTEN.
SIGNED AND DELIVERED

By the within named "Vendor"

SHRI. RAMSINGH YADAV

In the presence of:

1. KISHORE SHARMA

2.VIJAY CHAUHAN

SIGNED AND DELIVERED

By the within named "Purchaser"

 204
Author-Pro
akash K. M
AINRON SRARMA Mokul.

RECETPT:
Received of and from the withinnamed P'urchaser Shri.
10,00,000/ (RUPEES TEN LAKHS ONLY
SHYAMSINCE
earnestmoney
about 750 square fect on 2" Moor of building known as "EVERESTPurc KHURANA
a sum of

soc. LTD., PLOT N0: 15, CHEMBUR, MUMBAI 400 074, a

of 1995 together with five fully-paid-up shares ot the said registered SuAVAN Co.uin
Society of the face under SeriHs
Fifty Only) each bearing distinctive No. 251 to 255 (both inclusive) erial
under Sha No.246
SD/ .8.

I say Received.

7th February, 2020

Shri. RAMSINGH YADAV

WITNESSES VENDOR
1. KISHORE SHARMMA

2.VIJAY CHAUHAN

SA LE"
or
S ALE DEED
Sale is a transfer on the
ownership in exchange for a price paid or
promised. promised or part paid and part
Such Sale in the case of
or in the case of a
tangible immovable property of the value of one hundred
reversion or other intangible Rupees and upwards,
thing, can be made only by a registered instrument.
In case of the tangible immovable
be made either by a property of the value less than Rupees one
registered instrument or by delivery of the property. hundered, transfer may
 f tangible immovable Mokal.
205 Author-Prof.Prakash K.
pelveryoftan

ion of the
Airects, 1n possessic
property takes place
lce when the s the buyer or such person
as he
property. The hparts ofe
seller place
Sale Deed are almost similar to the Agreement l0
the S
S a l e

shall see how a

NowWe Sale Deed or
Agrcementfor Sell. the Deed of
e Deed
of conveyance is dralted based the above lacis o
conveyar on

SALE DEED"
TH
SALE DEED IS MADE AT MUMBAI ON THIS 7THIDAY
DAY OF
OF MARCH,
MARC, 2020.
B E T W E E N

NGH YADAV
RAMSINGH YA
of Mumbai,
CO-OP HSG, Soc Indian
n residing at FLAT NO.5, EVERES,
Inhabitant, residi
RINDAVAN O LTD., CHEMBUR, MUMBA 400 074. hereinafter referred to as
E TRANSFEROR" (which
of be deemed to include his expression shall, unless it be
heirs, executors and administrators) gnant to the
repugn
context or meaning
t ONE PART.
of the
rators) of
AND

sHYAMSINGH KHURANA OF MIMBAI, INDIAN INHABITANT, RESIDING AT D-25,

EEN ACRES, BANDRA WEST, MUMBAI-400 050, inafter referred to as "THE
NSFEREE" (which expression shall unless it be repugnant to the context or meaning thereof be
eemed to include his heirs, executors, administrators and assigns) of the 0OTHER PART.
deen

WHEREAS:

) The Transferor is the owner of Flat No.5 admeasuring about 750 square feet on 2 floor of
builang
known asEVEREST" (hereinafter referred to as "the said Building") (hereinafter referred to as the
saidFlat and which is more particularly described in the schedule hereunder written and delineated on
the plan thereof here to annexed and shown surounded by the Red coloured Boundary to this
agreement) belonging to VRINDAVAN co-OP HSG. soC. LTD. situated at PlLOT NO 15,
CHEMBUR, MUMBAI 400 074 and he is the member of the VRINDAVAN CO-OPERATI
HOUSING SOCIETY LIMITED, registered under SERIAL NO. 246 OF 1995 (hereinafter referred to
as "the said Society")

2) As a member and as the owner of the said flat in the Society he was allotted five fully-paid-up shares of
the said Society of the face value of Rs.50/- (Rupees Fifty Only) each bearing Distinctive Nos.251 To
255 (Both Inclusive) under share certificate No.8 (hereinafter referred to as "the said Shares"). The
Transferor has agreed to sell and transfer to the Transferee, and the Transferee has agreed to purchase and
acquire all rights, title and interest of the Transferor in the said Share Certificate No.8 and in Flat No.5 on
the 2nd floor of Building known as EVEREST IN VRINDAVAN CO-OP HSG. SOC. LTD. situated
ON plot No 15, CHEMBUR, MUMBAI 400 074. on the terms and conditions hereinafter contained.

3. The Transferee has Paid to the Transferor the consideration of RS. 10,00,000/- (RUPEES TEN
LAKHS ONLY) on execution of Agreement for Sell Dated : 7h February, 2020, as Earnest Money
(the payment and receipt whereof the Vendor doth hereby admit and acknowledge and acquit, release and
discharge the Purchaser from the payment and receipt thereof and every part thereot) and before the
execution of this Deed of Conveyance.
 1 transfer of the said hares an
206. lor the
sociely
sniel

conseni ofthe
obtained the and all other
4. The Transferor has an
to61letter.
forms
Transfer

the Transferce. the Rules,

the said premises to T r a n s f e r e c Societies
and
to the
handed
over
Maharashira
Co-operative

and the
aid
saic Shares.
and Premiscs
the
5. The Transferor has exe
eNCeuted

under said
required transfer
of the
documents and writ
itings
as
cflectal ll be borne and
shall
for the Sale Decd
of this
bye-laws of the said socicty in respect said society
in r e s p e c t i d
the
payable payabic to the
egistration
charges Donation and the Transferor
Tr
Transferce
in cqual
and fee/premium/ the
6. The stamp duty transfer paid by
alone. The b o n e and
be
Dy the Transferec premises
shall
transfer said shares/
of the possession qf th..
vacant
and pcaceful
proportion.
Transferee
the documents taining
pertain to the
other
to the and all the Tranc
Transferor has handed over

said share
certificate
execute
these presents
which
nsferor
.The
of the to
with the original Transferor
the
premises along T r a n s f e r e e has
requested
and the
premises. hereinafter appearing.
to do in the
manner

has agreed
WITNESSETH AS FOLLOWS:
INDENTURE and in consideration the
NOW THIS dated 7" February, 2017,
the Transferee to
for Sell paid by the
LAKHS ONLY) receivahla ?
aforesaid
Agreement
1. In of the
pursuance
(RUPEES
FIFTY
balance of the
full by consideration

Balance sum RS. 50,00,000/-

of execution of this Sale Deed being the
admit and acknowledge and
Transfèror doth
hereby
Transfèror on the whereof the every part thereof
payment
and receipt and receipt thereof and
the Transferor, (the Transferee from the payment
the
release and discharge DOTH HERFRV
acquit, administrators and assigns
his heirs,
executors and into and upon the
title and interest
for himself and beneficial rights,
Transferor
2. The Transferee all his certificate No.8 issued by the
and transfer unto the inclusive) vide share
grant, convey distinctive Nos.251
to 255 (both and all funds (including sinkino
said shares bearing SOCIETY LIMITED the flat Nas
said society AND including
HOUSING
CO-OPERATIVE
VRINDAVAN records of the
name in the EVEREST of the said society
standing in his of the building
fund) and properties the 2nd floor
the rights and privileges
built up a r e a on together with all
admeasuring 750 sq.ft. MUMBAI 400 074.
situated on PLOT
NO 15 CHEMBUR,
said society.
the member of the
whatsoever of the Transferor as
interest of the Transferor in the said shares and
transfers all the rights,
title and and outgoings
Transteree of all taxes
3. The Transferor hereby HOWEVER to the payment by the
SUBJECT
in the said Premises or any other body.
hereafter payable to the said society
and other charges now or
absolute owner of
with the Transferee that the Transferor is the
4. The Transferor doth hereby
covenant
his rights, title and
and absolute authority to transfer
he has full right, power
the said shares/Premises and favour of the Transferee in the manner
aforesaid.
and the said shares in
interest in the said Premises
and
that he shall at the request and cost of the Transferee, sign
covenant
5. The Transferor doth herebydocuments and papers which the Transferee may reasonably require to
execute such further deeds, Transferor's right, title and interest in the said shares and
the said
ffectively transfer and vest the
remises in favour of the Transferee.

attached thereto are

records and confirms that the said Premises with all rights
The Transferor declares, the bye-laws
ee from all encumbrances charges
of any kind whatsoever and the Transferor has observed
 K. Mokal.
207 Author Pref. Prakash
ciely ande
h e samd

cleared al dues ts
exerntion of
naTslerdeed in
respe
e c t of the said Premisee till the date of

, 7he
ansferor further declares that
the said shares mater
htigation, nor the same are ares and the said Premises are neither the ubject
And
"any

therwise,
attached "in nthee execution
exed of any decree whether of
(iowernment or

or has not created or

Transferor
purportedcdtoto create any tenancy rights, icense or other rights of
$ T h e

use
iCupation inin respect of
of the
the said
said D
Premises.
The Transtsferor has not contracted the
to
pretnises shares are free from all sell/transfer the said Premiscs/shares to any other persot a
sad
encumbrances, liens, charges ofany nature whatsa
he Transteror covenants with
the Transferec indemnify
T ransferor shall inoe
and keep
emnified the Transferee from a e Transferec that the Transferor
and against all ctions, claims, demands, charges etc. falling due prior
Ttion of these presents in respect of the said
shares/Premises
ansferor
1. The Tran: agrees
Reaictra
to accompany the Transferee and/or his legal advisor or his representative to
the oftice
gistrar of Assurance and lodge this transfer deed for registration and admit
execution thereof

12. The Transferee declares that on being admitted as a member of the said society, c
shide by the rules regulations and bye-laws of the said society from time to time in torce

13.The stamp duty, registration charges if any pavable in respect of this deed of transfer and in any one
be executed in ne
docuOcument to future in respect of the said Premises/shares shall be borne and paid by
Transferee alone.

the sar
14. The Transfer to the said society in respect of the transfer ot
premium/charges payable
shares/premises shall be borne and paid by the parties to this Deed in equal proportion.

SCHEDULE OF PROPERTY
All that piece and parcel of Flat No. 5 admeasuring about 750 square feet on 2" floor of building
CHEMBUR,
known as "EVEREST" in VRINDAVAN CO-OP HSG. SOC. LTD., PLOT NO 15,
MUMBAI 400 074, a registered Society under Serial No.246 of 1995 together with five fully-paid-up
distinctive
shares of the said Society of the face value of Rs.50/- (Rupees Fifty Only) each bearing
Nos.251 to 255 (both inclusive) under share certificate No.8 and bounded as under:

ON OR TOWARDS THE EAST BY THE ROAD

PLOT NO 12.
ON OR TOWARDS THE NORTH BY
ON OR TOWARDS THE WEST BY THE ROAD
ON OR TOWARDS THE SOUTH BY PLOT NO 13.

TRANSFEREE HAVE HEREUNTO

IN WITNESS WHEREOF THE TRANSFEROR AND THE
HANDS ON THE DAY AND YEAR FIRST
SET AND SUBSCRIBED THEIR RESPECTIVE
HEREINABOVE WRITTEN.

SIGNED AND DELIVERED

 208. Author-Prof, Prakush K. Mokal.
By the within named "Transferor"

SHRI. RAMSINGH YADAV

In the presence of:

1. KISHORE SHARMA

2.VIJAY CHAUHAN
SIGNED AND DELIVERED

By the withinnamed "Transferee"

SHYAMSINGH KHURANA

In the presence of:

1. KISHORE SHARMA

2. VIJAY CHAUHAN

RECEIPT:
Received of and from the withinnamed Purchaser Shri. SHYAMSINGH KHURANA a sum of RS.
for the Purchase Flat No.5
50,00,000/ (RUPEES FIFTEEN LAKHS ONLY) earnest money
known as "EVEREST" in VRINDAVAN
admeasuring about 750 square feet on 2h floor of building 074.a registered Society under
CO-OP HSG. SOC. LTD., PLOT NO: 15,CHEMBUR, MUMBAI 400
said Society of the face value of
Serial No.246 of 1995 together with five fully-paid-up shares of the
each distinctive No. 251 to 255 (both inclusive) under Share
bearing
Rs.50/- (Rupees Fifty Only)
Certificate No. 8.

SD/
I say Received
7th March, 2020
Shri. RAMSINGH YADAV
TRANSFEROR

WITNESSES:

1. KISHORE SHARMA

2. VIJAY CHAUHAN