IN THE HONOURABLE COURT OF

COUNSEL APPEARING ON BEHALF OF THE PLAINTIFF

Ajoy Kumar…. …Plaintiff

Vs.

Baljit Singh…. …Defendant

Most Respectfully Submitted Before the

MEMORIAL ON BEHALF OF THE PLAINTIFF

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 TABLE OF CONTENTS

Sr. No. Contents Pg. no.

1. Title
2. Table of Contents
3. Index of Authorities
4. Table of Cases
5. Statement of Jurisdiction
6. Statement of Facts
7. Statement of Issues
8. Summary of Arguments
9. Arguments Advanced
10. Prayer

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 INDEX OF AUTHORITIES


➢STATUTORY COMPILATIONS

The

➢BOOKS

1.

2.

3.

➢DICTIONARIES

1. Oxford English Dictionary OUP

2. P. Ramanatha Aiyar’s The Law Lexicon, The Encyclopedic Law, (2nd Ed, reprint 2009)

➢WEBSITES

1. ManunPatra, http://www.manupatra.com

2. Indian Kanoon, ://www.indiankanoon.org

3. www.judis.nic.in

4. Lexis Nexis Academica, http://www.lexisnexis.com/academica.

5. Lexis Nexis Legal, http://www.lexisnexis.com/in/legal.

6. SCC Online, http://www.scconline.co.in.

7. Oxford Dictionary, http://www.oxforddictionaries.com.

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TABLE OF CASES

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 STATEMENT OF JURISDICTION

The prosecution hereby, humbly submits the memorandum in this honorable court under
Section 16 of the Code of Civil Procedure.

16. Suits to be instituted where subject matter situate.-

Subject to the pecuniary or other limitations prescribed by any law, suits-

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon
immovable property,

(d) for the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment, shall be
instituted in the Court within the local limits of whose jurisdiction the property is situate:

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable
property held by or on behalf of the defendant may, where the relief sought can be entirely
obtained through his personal obedience, be instituted either in the Court within the local
limits of whose jurisdiction the property is situate, or in the Court within the local limits of
whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or
personally works for gain.

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20.Other suits to be instituted where defendants reside or cause of action arises.-

Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local
limits of whose jurisdiction—

(a) the defendant, or each of the defendants where there are more than one, at the time of
the commencement of the suit, actually and voluntarily resides, or carries on business, or
personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of
the suit, actually and voluntarily resides, or carries on business, or personally works for
gain, provided that in such case either the leave of the Court is given, or the defendants who
do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in
such institution; or

(c) the cause of action, wholly or in part, arises.

It is humbly submitted that the Honorable Court has the complete jurisdiction to adjudicate
over the present matter.

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 STATEMENT OF FACTS

1. That Ajoy Kumar, who spent nearly 8 months a year in England, was the owner of a
showroom located in Sector 64, Chandigarh.
2. That Ajoy leased out his showroom to one Baljit Singh at the rate of Rs. 25,000 per
month according to the lease deed which was due, December 1, 2015.
3. That on November 15, 2015 the lessee (Baljit Singh) made apparent in a letter to the
landlord, his inability to vacate the property on the due date.
4. That lessee requested an extension of lease to March 31, 2016.
5. That the Landlord (Ajoy Kumar) agreed to the same, subject to condition that the
lessee would have to give fresh notice of vacation one month prior to such event.
6. That on March 15, 2016, the lessee vacated the premises.
7. That the lessee failed to give notice of vacation to the Landlord or hi manager/
8. That the lessee instead, passed possession of the premises to a Chander, a distant
relative of Ajoy Kumar.
9. That the property has been in use by Chander ever since.
10. That Ajoy came across the reality of the situation only in November, 2016.

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 STATEMENT OF ISSUES

SUMMARY OF ARGUMENTS

ARGUMENTS ADVANCED

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 PRAYER FOR RELIEF

Wherefore in the light of the issues raised, arguments advanced, and authorities cited,
Counsel for the Plaintiff most humbly prays before the Hon’ble Court to adjudge and declare:

And any other favourable relief which this Hon’ble Court may be pleased to grant in
the interest of justice equity and good conscience
And for this act of kindness, Your Lordship, complainant shall as duty bound ever
pray.

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