Maharashtra Judicial Service Civil Judge 2010 Paper-I
Maharashtra Judicial Service Civil Judge 2010 Paper-I Question Paper
Total marks – 200 Duration – 3 hours
1. Write a judgment on the basis of the facts leading to dispute as narrated below
(1) Frame proper issues on the basis of the pleadings of the parties.
(2) Adhere to the contents of judgment as required under the Code of Civil Procedure.
(3) Wherever necessary you may exercise discretion in filling up details while appreciating evidence in the judgment.
(4) Give logical, legal and proper reasons in support of your findings and conclude the judgment with a proper operative order.
It is the case of the plaintiff that defendant nos. 1 and 2 are the owners of the suit-land bearing block no. 100, admeasuring 2 hectares, situated within the local limits of village Takli, Taluka and District Ahmednagar, The defendants gave the suit-land to the plaintiff for cultivation on crop-share basis for a period of 5 years i.e. from 1991-92 to 1995-96 by executing a ‘Batai-patra’ in his favour on 20.04.1991. The plaintiff was put in possession of the suit-land. He continued to be in possession of the suit-land even after the expiry of the period of five years. The defendants restrained the plaintiff from cultivating the suit-land on 15.09.1998. It is the contention of the plaintiff that he is in lawful and settled possession of the suit-land and that the defendants cannot dispossess him therefrom without due process of law. The plaintiff, therefore, filed the suit seeking the relief of perpetual injunction to restrain the defendants from disturbing his possession over the suit-land without due process of law.
The defendants filed written statement and opposed the claim of the plaintiff. They denied that they have delivered possession of the suit-land to the plaintiff for cultivation on crop-share basis, as claimed by him. They denied execution of ‘Batai-patra’ in favour of the plaintiff. According to them they are actually cultivating the suit-land and that the plaintiff is their agricultural-labourer. They were paying labour charges to the plaintiff. According to them, the plaintiff cannot seek the equitable relief of injunction against them since they are the rightful owners of the suit-land. On these grounds, they prayed that the suit may be dismissed with costs.
It is the case of the plaintiff that the defendant agreed to sell to him the suit-house bearing House No. 456, situated within the Municipal limits of Saswad for a consideration of? 80,000/- by executing an agreement on 07.07.1979. The defendant received ? 10,000/- as earnest money. The sale deed was to be executed within 3 months and the balance amount was to be paid at that time. The defendant received the further sum of? 20,000/- from the plaintiff on 10.09.1979 and acknowledged the receipt thereof under his signature. He further confirmed in writing about receipt of total amount of t 30,000/- from the plaintiff. The defendant did not execute sale deed despite repeated requests made by the plaintiff. The plaintiff sent a notice dated 05.11.1979 to the defendant, expressed his readiness and willingness to pay the balance amount of ? 50,000/- and called upon the defendant to execute sale deed within 7 days from the date of receipt of the notice. The defendant received that notice, but neither replied to it nor complied with it. Hence, the plaintiff filed the suit for specific performance of contract of sale, for possession of the suit-house and for future mesne profits. He specifically pleaded that he has always been ready and willing to perform his part of the contract.
The defendant filed written statement and resisted the claims of the plaintiff. He stated that his signature was obtained on a blank paper, which has been used to create a false agreement of sale. He further stated that a contract of sale is bilateral in nature under which, both, the vendor and vendee have rights and obligations. Therefore, it has to be signed by both the parties. He stated that the agreement dated 07.07.1979 has not been signed by the plaintiff (i.e. the vendee). Therefore, it is neither a complete nor a valid agreement. Consequently, the plaintiff is not entitled to enforce the same. On these grounds, the defendant prayed for dismissal of the suit with costs.
Evidence of the parties
To prove genuineness of the agreement, the plaintiff examined himself as a witness, one Shankar who was the scribe of the agreement and one Jagdish, before whom the agreement was entered into. He further produced and proved the receipt dated 10.09.1979 whereby the defendant acknowledged receipt of Rs. 20,000/- and confirmed receipt of total amount of Rs. 30,000/-.
As against him, the defendant examined himself only as a witness to deny the claims of the plaintiff.
Submissions on behalf of the plaintiff in respect of validity of the agreement
The learned counsel for the plaintiff submitted that when an oral agreement to sell is valid, a written agreement signed by the vendor alone and delivered to the vendee, who, in turn, accepted it, would be a valid contract.
Submissions on behalf of the defendant
The agreement signed by the vendor alone would not be valid and enforceable.
2. Write notes on any four of the following :
(a) Compromise of suit
(b) Supplemental proceedings
(d) Arrest before judgment
(e) Procedure on parties defying orders of Court and committing breach of undertaking to Court
3. Write notes on any four of the following :
(a) Personal bars to the relief of specific performance of a contract
(b) The persons entitled to obtain specific performance
(c) Suit under the Specific Relief Act by a person dispossessed of immovable property
(d) Condition and warranty
(e) Rights of unpaid seller of goods
4. Write notes on any four of the following :
(b) Contingent contracts
(c) Unlawful considerations/objects of an agreement
(d) Rights and liabilities of a minor partner
(e) Procedure for registration of a partnership firm
5. Write notes on any two of the following :
(a) Right to lodge caveat and the caveat rules framed by the Bombay High Court
(b) Modes of paying money under decree
(c) Res-judicata and constructive Res-judicata
6. Answer any two of the following :
(a) What is meant by “Transfer of property” ? What property can and what property cannot be transferred ?
(b) What is meant by “Sale” of immovable property ? What are the liabilities of a seller of immovable property before and after completion of the sale?
(c) Explain fully the doctrine of ‘Lis Pendens’.