This deed of agreement made on this ____ day of ________, 2000, between:
Mr. RN, aged about __ years s/o Mr. PT, r/o _________________, hereinafter called the 1st party.
Mr. KK, aged about __ years s/o Mr. PT, r/o ________________, hereinafter called the 2nd party.
Whereas first and second parties have some dispute regarding management of the partnership business, being run by the parties. And whereas both the parties are agreed upon to refer the dispute to one arbitrator duly appointed by the both parties.
Now This Deed of Agreement Witnesses as Under: –
That both the parties have agreed upon to appoint Mr. SB s/o Mr. KM r/o ______________________ as arbitrator.
That both the parties appoint Mr. SB as arbitrator.
That the arbitrator will go through the partnership deed and decide the dispute between the parties under the provision of the partnership deed.
That this deed shall be confined only upto the dispute of the management of the firm.
1- Assistant Vice President
CUSTOMER Service, ___ CARD
2- The Manager
Under the instructions from and on behalf of my client ______ resident of ____, I do hereby serve upon you with the following Legal Notice:-
1- That the agent of you the Noticees No.1 visited the house of my client about _ months ago and he noted the name and address of my client and he told the benefits regarding ___ Credit Card. Your agent collected the ____ and photos from my client and told that if my client is interested to take the facilities of Credit card then he will provide the same.
2- That my said client contacted the agent of Noticee No.1 and told that he is not interested to take the facilities of the credit card and my client demanded his documents back but he did not intentionally returned the same.
3- That my client is a senior citizen of India and he does not require any credit card.
4- That you the Noticee No.1 served a false and fabricated bill in respect of the ___ Credit Card No. _______ imposing therein the amount of ____/-.
5- That neither my client has received ___ Credit Card No. ______ nor he ever used the same at any point of time. You the Noticee No.1 with the malafide intention to extract some money from my client has prepared the alleged false and fabricated ____ Credit Card No. ______ yourself.
6- That this type of conduct of the Noticee No.1 is against the principles of Noticee No. 3. Due to these type of act and conducts of the Noticees No.1 the general public will loose their faith of the market business of the Noticee No.2. It is the duty of the Noticee No. 3 to issue the necessary directions to the Noticee No.1 and 2 and other banks to desist from their such illegal activities.
7- That it seems that you and your official have cheated my said client by way of taking the documents from my client. Hence you are also liable to be prosecuted and punished as per the provisions of the law.
I, therefore, call upon you through this legal Notice to withdraw your alleged bill immediately and to return the copy of ____ and photos etc. of my client to my client and pay a compensation amount of ______/- to my client for causing the mental agony, harassment and tension due to your illegal act for issuing a false and fabricated bill and for loss of his reputation, to my said client, and also pay ____/- as legal fees of this legal notice to our client, within the clear period of __ days from the date of receipt of this legal Notice, failing which our client has given us clear instructions to launch legal proceedings against you in the competent court of law and in that event you will be fully responsible for all costs, risks, responsibilities, expenses and consequences thereof. Please note well.
A copy of this Notice is kept intact in my office for record and further necessary action
IN THE COURT OF CIVIL JUDGE, SENIOR DIVISON, ___________.
SUIT FOR DECLARATION
I, ____________ son of Shri ____________, resident of _________________, do hereby solemnly affirm and declare as under :-
1- That the defendant are recorded owner in possession of the agricultural land comprising ___________________, total measuring _____________, which is situated with in the revenue estate of village ___________________. A copy of the Jamabandi for the year of _________________ is enclosed herewith the plaint.
2- That the plaintiffs are the real ___________ of the defendant and the parties to the suit constitute joint _____ Family.
3- That on ____________ a family settlement took place between the plaintiffs and the defendant vide which the defendant gave the suit property to the plaintiffs in equal share each (1/2 share each) and put the plaintiffs into the actual and physical possession of the suit property, mentioned in Paras No.1 of the plaint, and since then the plaintiffs are owners in possession to the extent of ½ share each of the suit property as mentioned in Para No.1 of the plaint. However, the name of the defendant still exists in the revenue records which is wrong and is not binding upon the rights, title and interest of the plaintiffs.
4- That now the defendant with a malafide intention are not admitting the family settlement and by getting the benefit of revenue entries in his name he is still declaring himself as owner in possession of the suit property for which the defendant have got no right, title and interest to do so.
5- That the plaintiffs asked the defendant several times to admit the claim of the plaintiffs and to get name of the plaintiffs recorded in the revenue records in place of his name. First of all the defendant was avoiding the requests of the plaintiffs on one pretext or the other and finally on ____________ the defendant refused to accept the legitimate requests of the plaintiffs.
6- That the cause of action to file the present suit firstly accrued on _____________ when the family settlement took place between the plaintiffs and the defendant. It further arose on each and every date when the plaintiffs asked the defendant to admit the claim of the plaintiffs and the cause of action finally ___________ when the defendant finally refused to accept the claim of the plaintiffs. Hence this is the date when the final cause of action has arisen in favour of the plaintiffs and against the defendant, which necessitated the institution of the present suit.
Verified that the contents of my above affidavit are true and correct to best of my knowledge and belief and nothing has been concealed therein.