Trial part of a civil case

List of student's on their selectedperformance:
No. Part of performance Name of the students
1. Amendment of the plaint Saidul
2. Written Objection Arafath
3. Temporary Injunction Shopnil
4. Written Objection Mizan
5. Description of ADR process Hemaith
6. Opening statement, plaintiff side Disha
7. Opening statement, defendant side Saidul
8. Examination-in-chief of PW1 Khadiza-- Asif
9. Cross- examination of PW1 Arafath
10. Examination-in-chief of PW2 Sifat-- Asif
11. Cross- examination of PW2 Arafat
12. Examination -in -chief of PW3
13. Cross- examination of PW3
14. Examination-in-chief of DW1 Nahid—Sadia
15. Cross-examination of DW1 Hemaith
16. Examination-in-chief of DW2 Auditi—Shopnil
17. Cross-examination of DW2 Arafath
18. Examination-in-chief of DW3
19. Cross-examination of DW3
20. Closing argument, plaintiff side Disha
21. Closing argument, defendant side Saidul/any other student

PLAINT
IN THE 1st COURT OF ASSISTANT JUDGE AT DHAKA
Title Suit No 125 of 2016
Rahat Fredous,.the plaintiff
-Versus-
Rajan Mahmud , the defendant
SUIT FOR SPECIFIC PERFORMANCE OF THE CONTRACT. Suit valued at taka
10,00,000/
The plaintiff named above states as follows:
1. That Abdul Karim owns .40 acre of land appertaining to B.S khatain and acquired
from the government. He has a son and 2 daughter. After his death his son Abdul
rahimacquired .20 acre of land by way of inheritance which is the suit land or disputed
land and also mentioned in the schedule below.
2. That the property mentioned in the Schedule below ,hereinafter called the suit
property belonged Abdul Rahim described in R.S khatian no. 45, plot no. 15 of
mouzaBadda, P.S Badda , District - Dkaka and died leaving behind 2 daughter named
Jasmenand Bipasha and one son Rajon Mahmud.
3. That defendant Rajon Mahmud got the suit land by way of inheritance and entered
into an agreement with plaintiff Rahat Ferdous to sell out the same at tk. 10,00,000/-
on 29.05.2016.
4. That this is his only property.
5. That four persons witnesses at the time of making the agreement between defendant
rajonand plaintiff rahatfor sale of the disputed property. They were maruf, kawser,
bipasha, jesmin. Among them marufand kawsersigned in the agreement paper as
witness and the other two bipashaand jesminwere present at the time of making the
agreement bainanama.
6. That both defendant Rajanand plaintiff Rahat executed a bainanama on 15.06.2016
receiving tk. 5,00,000/- as impressed money. Rajon also give a receipt of tk500,000
after receiving this from rahat.
7. That it was agreed upon that defendant Rajon would execute a saf- kabala in favour
of plaintiff Rahat receiving the rest amount of consideration money , tk. 5,00,000/- by

07.09.2016. It was mentioned in the deed of bainanama between the plaintiff rahatand
defendant rajon.
8. That accordingly the contract , plaintiff Rahat on 25.08.2016 ,urged to defendant
Rajon to execute a saf- kabala in his favour receiving tk. 5,00,000/- from him.
9. That defendant Rajon denied to receive the money and execute the saf- kabala in the
name of plaintiff Rahat.
10. That on 16.09.2016 plaintiff Rahat sent a written notice to defendant Rajon
requesting to perform the part of the contract.
11. Rajon denied in a written form that he is not willing to perform the contract on
18.09.2016.
12. After all these Rahat send a legal notice to Rajon mentioning 3 days time to
execute the rest part of contract on 22.09.2016. But he didn't comply with the
proceeding for performing the rest part of the contract between them.
13. Cause of action: The cause of action of the suit has firstly arisen on 25.08.2016
when defendant denied to execute saf- kabala in favour of the plaintiff and secondly
on 18.09.2016 when he denied in a written form that he is not willing to perform the
contract.
14. Jurisdiction and valuation: The suit land situates within the local jurisdiction of
this Court and the suit is valued at taka 10,00,000/- as per the valuation of the suit
land.
15. Court fees: This being a suit for specific performance of contract an advalorem
court fee tk.10,000 /- is paid as per the valuation of the suit land.
The plaintiff therefore, prays that the
honourable Court may be graciously
pleased to:
(a) pass a decree of specific performance
of contract directing the defendant to
execute and register a saf- kabala in
favour of the plaintiff in respect of the
suit land.
(b) Award cost of the suit in favour of the
plaintiff and against the defendant;
AND
(c) pass any other or further order or
orders to give the plaintiff any relief
under law or equity.
SCHEDULE

District - Dhaka, P.S - Badda, Mouza
Badda, R.S Khatian No. 40, PlotNo. 15.
area of land .10 acre of land.
VERIFICATION
The plaintiff is known to me and the
statement made in the body of the plaint
are true to my knowledge and I sign the
verification this 10th day of November
,2016 at my Sheresta.
..........................................
(Rahat Ferdous)
Signature of the deponent
WRITTEN STATEMENT
IN THE 1st COURT OF ASSISTANT JUDGE, DHAKA
Title Suit No 125 of 2016
Rahat Fredous,The Plaintiff
-Versus-

Rajan Mahmud, The Defendant
Written Statements for and on behalf of the Defendant.
The petitioner most respectfully states as follows:
1. That the defendant is simple, religious, law abiding and honest person. On the other hand,
the plaintiff is cruel, covetous and dishonest person.
2. That the plaintiff has filed the suit with false statements only to harass the defendant. The
defendant denies the entire claim of the plaintiff made in his plaint.
3. That there is no cause of action for the suit and the suit is liable to set aside.
4. That the suit is not maintainable in the present form and manner.
5. That the suit is barred by limitation.
6. That there is no legal agreement made so there is no legal duty of defendant to specific
performance.
7. The suit is bad for defect of parties.
8. The suit is barred by waiver and estoppel.
9. The suit is hit by section 42 of the S.R. Act.
10. The claim of the plaintiff that Abdul karim owned .20 acre of land described in R.S
Khatian or died leaving behind 2 daughters named Jasmen and Bipasha and one son Rajon
Mahmud. Rajon Mahmud got the suit land by way of inheritance or entered into an agreement
with Rahat Ferdous to sell out the same at tk.10,00,000/- on 29.05.2016 or this is his only
property or both Rajan and Rahat executed a bainanama on 10.06.2016 receiving tk.5,00,000/-
as impressed money or it was agreed upon that Rajon would execute a saf- kabala in favors of
Rahat receiving the rest amount of consideration money , tk. 5,00,000/- by 07.09.2016 or,
Rahat on 25.08.2016 ,urged to Rajon to execute a saf- kabala in his favour receiving tk.
5,00,000/- from him or but Rajon denied to receive the money and execute the saf- kabala or
on 16.09.2016 Rahat sent a written notice to Rajon requesting to perform the part of the
contract or Rajon denied in a written form that he is not willing to perform the contract on
18.09.2016 is false, fabricated and concocted story.
11. Rahat never contracted with Rajon to sell the said land. Rajon never execute bainanama
by taking 5,00,000/- Tk. Nor Rajon entered into an agreement to make saf- kabala in favour of
Rahat neither he made any denial statement with this regard.
12. The fact is that-
a. The suit land belonged to the Government and Faisal Ahmed got 0.20 acre of
land by way of pattan and recorded his name in B.S. Khatian.
b. Faisal Ahmed sold the same to Abdul karim by the Registered Kabala dated
12.02.1990.
c. Defendant Rajon has got the same by way of inheritance from Abdul Karim in
20.6.2010 and since then he possesses the same by residing here.
d. Defendant Rajon never entered into an agreement with Rahat to sell the said
land.

e. The plaintiff did not give 5,00,000/= as impressed money. He has filed the
suit with false and fabricated statements and, therefore the suit is liable to
dismissed.
Wherefore, it is humbly prayed that your
honour would graciously be pleased to
dismiss the suit with cost against the
plaintiff.
VERIFICATION
The statements made in the body of the written statements are true to my knowledge
and I sign the verification this 12th day of November, 2016 at my sheresta.
............................................
Defendant
An application for amendment of the plaint
Rahat Fredous, Plaintiff- petitioner
-Versus-
Rajan Mahmud , Defendant- oppisite party.
An application for amendment of the plaint for specific performance of contract.
The humble petition for and on behalf of the aforesaid plaintiff petitioner most respectfully
states:
SHEWETH
1. That the aforesaid plaintiff petitioner filed the suit for specific performance of contract.
2. That today is fixed for positive hearing of the suit.

3. That at the time of positive hearing of this suit it appears to the learned advocate of the
plaintiff petitioner in her honest endeavor to give immediate relief to her client she drafted
the plaint in a hurry and as such some mistakes have been committed in the plaint and several
omissions were made which need be corrected and inserted way of amending the plaint.
4. That it is badly needed to amend the plaint of the suit.
5. That the amendment sought for follow:
a) in the she with, paragraph no .2 ‘R.S. Khataian no. 45’ Shall replace by ‘R.S.
Khatain no. 40’.
b) In the paragraph no. 5 line 5 the name ‘Jesmin’ shall replace by ‘urmi’.
c) In the paragraph no 6 the date 15.05.2016 shall replace by 10.05.2016.
6. That if the learned court grant the petition, along with the proposed amending plaint would
be served to the defendant.
7. That the proposed amendment should be allowed otherwise the plaintiff will be highly
prejudiced.
Wherefore, it is humble prayed that your honor would be kind enough to consider and allow
the amendment sought and pass an order necessary for ends of justice.
..................................
Signature of the deponent
Written objection against the amendmentof plaint
Title Suit no: 125 of 2016
-Versus-
Writtenobjection against the amendment of plaint for specific performance of contract
The defendant opposite party states as follows:
SHEWETH
1. That in the amendment of this suit shall raise a new cause of action.
2. That in the amendment filed plaintiff the same is liable to be rejected in limner.

3. That the replacement in the paragraph no 2 is totally false, fabricated.
4. That in the statement made in paragraph no 5 is also false.
5. That the replacement made in the paragraph 6 is false as well.
6. That in the amendment shall not to allow otherwise the defendant will be highly prejudiced.
Wherefore, it is humble
prayed that your honour
would be kind enough to
reject the amendment of
plaint for ends of justice.
........................................
( )
Signature of the
defendant.
Temporary Injunction
IN THE 1st COURT OF ASSISTANT JUDGE, DHAKA.
Title Suit No.-125 of 2016
-Versus-
An application for temporary injunction under Order XXIX rules 1 and 2 of the Code of Civil
Procedure, 1908
The above named plaintiff-petitioner most respectfully states follows-
1. That the plaintiff Md. Rahat Ferdous is a permanent residence in Bangladesh (By Birth.)
2. That the Defendant Mr. Rajan Mahmud is residence in Bangladesh.
3. That the defendant acquired the schedule land from his father by inheritance and the some
was recorded in R.S in the name of the defendant.
4. That the plaintiff tried to transfer the ownership of land. And he try to build a factory over
the suit land.
5. That on the 07th December 2016, the defendant along with Mr. X entered into the said land
and set-up signboard that a factory shall be established.

6. That if the defendant is not execute the contract, the plaintiff will suffer a great losses,
which is not recoverable.
7. That by these types of activities by the defendant are objectionable and unlawful.
8. That the defendant entered into an agreement with the plaintiff that he will sell the property
after a certain period.
9. That the cause of action of this suit arose under the jurisdiction of this honorable court and
this honorable has all kinds of jurisdiction to try the suit.
Wherefore, the plaintiff prayed-
(a)to pass a Decree of temporary
Injunction in favour of the
Plaintiff;
(b) To pass an order for cost of
The suit;
AND
(c) And to pass any other order or
Orders as your honour deem fit
And property in law.
SCHEDULE OF THEPROPERTY
Plot no. 15 of Mouza
Badda. R.S khatian No.
40, PSBadda, District-Dhaka.
Boundary:
In South- House-12A SatmasjidRaod. In North Plot No 22, in East house no.12
and the west Side Mr. Shuukur Ali.
VERIFICATION
The plaintiff is known to me and the statement made in the body of the plaint are true to my
knowledge and I sign the verification this 10th day of November, 2016 at my Sheresta.
Deponents
…………………….

AFFIDAVIT
Title Suit No. 125 of 2016
Rahat Ferdous,Plaintiff-petitioner
-Versus-
Rajon Mahmud,…Defendant-
opposite party
I am Rahat Ferdous, son of Abdul kalamof House no. 23, road no.11,block- f Post office-
Badda, Police Station- Badda, and District- Dhaka, age about 35 years, by faith Muslims, by
occupation businessman, by nationality Bangladeshi by birth, do hereby solemnly affirm and
say as follows:
1. That I am the only plaintiff-petitioner and as such being convenient with the facts &
circumstances of the case. I am competent to affirm this Affidavit.
2.That the statements made hereinabove are true to the best of my knowledge & belief.
………………………
Deponent
The deponent is known to me and identified by me and
he has signed my presence on 17-08-2016 at my
chamber.
……………………...

WRITTEN OBJECTION
Title Suit No. 125 of 2016
-Versus-
Written objection against the application for temporary injunction and ad interim injunction
The defendant-opposite party most respectfully-
SHEWITH:
1. That there is no cause of action for filing the application of temporary injunction and ad
interim injunction against the defendant-opposite party.
2. That all the statements as stated in the application of temporary injunction and ad interim
injunction and also stated in the affidavit are false and baseless.
3. That the plaintiff has no prima facie and arguable case and for that reason the plaintiff is
not entitled to get an order of temporary injunction and ad interim injunction.
4. That the balance of convenience and inconvenience being against the plaintiff so, the
application of temporary injunction and ad interim injunction is not allowable.
5. That the plaintiff will not suffer irreparable loss if the injunction prayed for is not granted.
6. That the plaintiff has no right, title and interest in the suit land and all the allegations of not
performing a contract as stated by the plaintiff in his aforesaid application are entirely untrue.
Neither the defendant deny to perform the contract nor there exists any contract between the
plaintiff and the defendant relating to the disputed land.
7. That the facts on behalf of this defendant-opposite party are as follows:
a. The suit land belonged to the Government and Faisal Ahmed got 0.20 acre land by
way of pattan and recorder his name in B.S. khatian.
b. Farisalahmed sold the same to Abdul Karim by the registered Kabla dated 12.02.2000
appertaining R.S khatian No. 40 Plot no. 15 of MouzaBadda. PS Badda, District- Dhaka.
c. He died leaving 2 daughters Bipasha and Jasmine and one son Rajon. Rajon got 0.10
acre of land in his share. This is his only property and he is in possession since 20.06.2010
and producing crops.

d.He never entered into an agreement with Rahat to sell the said land. Mr. Rahat did not give
any impressed money and there is no bainanama executed.
e. That the defendant has been possession of the suit land for more than 12 years through
his barghadar and the suit land has been recorded in the name of the father of the defendant.
F) That the plaintiff has no right, title and interest over the suit land but filed this suit
as well as filed the application of temporary injunction and ad interim injunction against the
defendant-opposite party on false, frivolous and vexatious ground just to harass the defendant-
opposite party.
Wherefore, it is prayed that your honour would be pleased to reject the application of
temporary injunction and ad interim injunction with explanatory cost against the plaintiff.
Verification
Verified at Dhaka this 06 of November, 2016 that the contents
of para 1-7 are true to the best of my knowledge & belief.
……………………
signature

Alternative Dispute Resolution (ADR)
This title suit no. 125 of 2016 filed under section 12(d) of the Specific Relief Act, 1877 and
under section 89A of the Code of Civil Procedure, 1908 the suit has been referred for
Alternative Dispute Resolution through an order of the 1st court of Assistant Judge, Dhaka.
Now the process of ADR of the two parties RahatFerdous and RajonMahmud of Title Suit
no. 125 of 2016 is starting before the chairman of local area and also the parties have choose
the chairman to regulate the matter of ADR and as head of the process. They also choose
lawyer of each side on behalf of them.
The lawyer on behalf of the plaintiff RahatFerdous is (name of the lawyer) and on behalf of
the defendant is (name of the lawyer).
The matters that have been discusse are summarily the following:
The contract between Rahat and Rajon for sell of .10 acre of land of Rajon Mahmud, which
was acquired from his father by way of inheritance and entered into an agreement to sell that
property.
The statement of Rahat through his Advocate is as follows:
Rajon got .10 acre of land in his share by way of inheritance from his father AbdulRahim
and possessing them. This is his only property.
On 29.05.2016Rajon entered into an agreement with Rahat to sell out the same TK.
10,00,000 and 2 persons named Marufand Kawsar signed as the witness in the agreement.
On 10.06.2016 Both of them also executed bainanamafor sell the property and
Mr.Rajanreceive TK 5,00,000 as impressed money and this thing witnessed by Bipasha and
Urmi.
It was agreed upon by both party both Rahat and Rajon that they would execute a safkabla in
favor of Rahat after receiving the rest of the consideration money TK 5,00,000 with in the
period of 07.09.2016.
Accordingly Mr.Rahaton 25.08.2016 urged Rajon execute a safkabla in his favor for
receiving TK 5,00,000 from him and he will pay the whole amount.
But on 16.09.2016 Rajon disagreed to receive the money and to execute the safkabla.
In this consequence Rahat sent a written notice to Rajon requesting to perform the part of the
contract on 18.09.2016.
Rajon denied the contract in a written form on 21.09.2016 that he is not willing to perform
the contract and
Lastly he sent a legal notice to Rajon for performing the rest part of contract within 3 days on
22.09.2016.
Now Rahat Fredousprayed before the Chairman to direct Rajon to fulfill the conditions of
their contract or he is ready to compromise if the defendant give back his 5,00,000 tk along
with 2,00,000 as compensation.

The statement of RajonMahmud through his Advocate is as follows-
The suit land belonged to the Government and Faisal Ahmedgot 0.20 acre land by way of
pattan and recorder his name in B.S. khatian.
Farisalahmed sold the same to AbdulRahim by the registered Kabla dated 12.02.2000
appertaining R.S khatian No. 40 Plot no. 15 of MouzaBadda. PS Badda, District- Dhaka.
He died leaving 2 daughters Bipashaand Jasmineand one son Rajon.
Rajongot 0.10 acre of land in his share. This is his only property and he is in possession since
20.06.2010 and cultivate crops here.
He never entered into an agreement with Rahat to sell the said land. Mr. Rahatdid not give
any impressed money and there is no bainanama executed.
Rahat on 25.08.2016 claimedthat this is his property and I entered into an agreement to sell
this property and also sent me a written notice to perform a contract with him on 18.09.2016.
I denied on 21.09.2016 because there is no contract between us.
The prayer of Rajon Mahmud is that the Chairman would dismiss the proceeding. And he is
not ready to give any amount of money to Rahat. As there is no contract between them the
proceeding can't run.
The parties are not agreeing to compromise in the main issue . The chairman tried to
convience the parties and resolve the matter through Arbitration process but this process has
failed.
Chairman’s Opinion:
The parties had take part in the arbitration process but after considering the facts of both side
it is clear that though RahatFerdous is ready to compromise with regard to the main issue of
the suit that is the performance of rest part of contract in liue of some compensation and
giving back his money , which he gave to Rajon as impressed money. Rajon Mahmud is not
ready to compromise with the demand of Rahat even he is not ready to give any amount to
Rahat. There are some issues to be solved too. It was thought by both parties that we could
come to a compromise but eventually the defendant did not agree so. Therefore in consideing
all the things of specific performance of contract it is my humble opinion that the process of
arbitration had failed and we are submitting the suit brfore the learned trial court for kind
considration and judgment.

OPENING STATEMENTOF PLAINTIFF
May it please your honor?
May the counsel be permitted to proceed with your honor?
Much obliged.
Your Honor
I am the Advocate (name of the lawyer) appearing on behalf of the Plaintiff. To my left are
(names of the lawyer)are my colleagues.
Your Honor,
Today I am here for submitting this plaint against the defendant for specific performance of
the contract stating above under section 12 of the Specific Relief Act, 1877. This case is very
simple and crystal clear.My client, Mr. Rahat Ferdous, has instituted the case finding no other
alternate way. The plaintiff’s right can only be established through establishing the plaintiff’s
claim. To that end we will present the evidences to prove the plaintiff’s claim." .
Your Honor,
The facts of this case on behalf of the plaintiff are that, Mr. Abdul Karim was the owner of 20
acre of land appertaining R.S khatian No. 40 Plot no. 15 of MouzaBadda. PS Badda, District-
Dhaka, died leaving behind two daughters Bipasha and Jasmine and only one son Rajan.
According to Islamic Sharia Law, MrRajan got 10 acre of land in his share and this is his only
property.
Your Honor,
On 29.05.2016 He entered into an agreement with the plaintiff Mr.Rahat to sell out the same
at TK 10 lac’s.On 10.06.2016 both Rajon and Rahat executed a bainanamaand Rajon
received 5 lac’s TK as impress money and this bainanama was properly stamped and
registered. It was agreed that, Rajon will execute a saf-kabla in favor of Rahat receiving the
consideration money 5 lac’s TK by 07.09.2016.
Your Honor,

On 25.08.2016 Rahat urged to execute saf-kabla in his favor and receive the consideration
money but defendant Rajon denied to execute the contract. On 18.09.2016 Rajon denied in a
written form that he is not willing to perform the contract. We will show by adducing
evidences that the statements told by the plaintiff are true.
Your Honor,
After this, the plaintiff rushed to this Learned Court for justice.
Your Honor,
In order to prove my case I shall present 3 witnesses and they are-
1. Rahatferdous himself.
2. The witnesses signed in the agreement as witness They were present at the time of making
the bainanama
I also submit documentary evidence before this honorable Court as well. These are:
1. The parent contract between Rahat Ferdous and RajonMahmudwhich clearly proves that
Rajon entered into a contract with Rahatfor sell of .10 acre of land
2. The bainanama between Rahatand Rajonwhich is another document that Rahatgives an
amount of 5,00,000 as impressed money.
3. Receipt of 500,000 tk when Rahatreceived it as impressed money to Rajon.
4. The agreement of executing saf- kabala in plaintiff's name after receiving the rest amount
of money on 07.09.2016.
5. Written notice of Rahatrequesting Rajon to perform the rest part of contract.
6. Written denial of Rajonwhich prove that he is not willing to perform the rest part of
contract.
7. Legal notice which gives by the lawyer of Rahatgiving 3 days time to perform the rest part
of contract.
For the ends of justice, it is the prayer of the plaintiff to enforce the contract and direct the
opposite party to perform the rest part of it.
That’s all for your honor on my behalf.

OPENING STATEMENT OF DEFENDANT
May It please your honor?
May the councel be permitted to proceed with your honour?
Much obliged.
Your honor,
I am Advocate(name of the lawyer)appearing on behalf of the defendant.To my left are
(names of the lawyer)
Your Honour,
This is a Suit for establishment of specific performance of a contract & to execute a saf-
kabala in the name of the plaintiff.
Your honor,
This case is very simple and crystal clear. My client Mr. Rajon Mahmud urged to the court
that the plaintiff, has falsely instituted the case with vexatious ground to grab the suit land/to
harass my client. We have our specific claim as against the plaintiff’s claim. To that end we
will present the evidences to prove the defendant’s claim and discard the evidences submitted
to the court by the plaintiff."
We will show by adducing evidences that the statements said by the plaintiff are false.
Your Honour,
Abdul karim owned .20 acre of land described in R.S Khatian or died leaving behind 2
daughters named Jasmen and Bipasha and one son Rajon Mahmud. Rajon Mahmud got the
suit land by way of inheritance or entered into an agreement with Rahat Ferdous to sell out the
same at tk.10,00,000/- on 29.05.2016 or this is his only property or both Rajan and Rahat
executed a bainanama on 10.06.2016 receiving tk.5,00,000/- as impressed money or it was
agreed upon that Rajon would execute a saf- kabala in favors of Rahat receiving the rest
amount of consideration money , tk. 5,00,000/- by 07.09.2016
Rahat on 25.08.2016 ,urged to Rajon to execute a saf- kabala in his favour receiving tk.
on 16.09.2016 Rahat sent a written notice to Rajon requesting to perform the part of the

Your Honour,
My client Mr. Rahat never contracted with Rajon to sell the said land. Rajon never execute
bainanama by taking 5,00,000/- Tk or neither Rajon entered into an agreement to make saf-
kabala in favour of Rahat neither he made any denial statement with this regard.
1. Mr. Rajon's house is in the land and he is in possession for a long time.
2. Mr. Rajon never enter in any agreement to Mr. Rahat to sell the said land and he never
executed any bainanama by taking 5,00,000/= Tk.
3. He did not enter any agreement to make safkabla in favour of Rahat or he made any
denial statement with this regard.
4. That the defendant is simple, religious, law abiding and honest person. On the other
hand, the plaintiff is cruel, covetous and dishonest person.
5. That the plaintiff has filed the suit with false statements only to harass the defendant.
The defendant denies the entire claim of the plaintiff made in his plaint.
6. That there is no cause of action for the suit and the suit is liable to set aside.
7. That the suit is not maintainable in the present form and manner.
8. That the suit is barred by limitation Act 1908
9. That there is no legal agreement made so there is no legal duty of defendant to specific
performance.
10. The suit is bad for defect of parties.
11. The suit is barred by waiver and estoppel.
12. The suit is hit by section 42 of the Specific Relief Act.
In support of my case I shall present following witnesses with the documentary evidences
before this honorable Court:
DW1 Rajon Mahmud, He will prove threat he did not received any impressed money from
the plaintiff & also did not gave any signature to any legal document.
DW2 Sajib,neighbour of Rajon.
DW3 jesmin, she shall also prove that Mr. Rajon did not enter into an agreement with Mr.
Rahat to sell the said land and he never executed any bainanama by taking 5,00,000/= Tk.
In support of my case I shall psubmit following the documentary evidences before this
honorable Court:
1. Deed of the disputed land which proves that this is muted in Rajon'sname.
2. Sale deed between Abdul Rahim and Faisal Ahmed.
3. R.S. Khatain of the land.

That’s all your honor on behalf of the defendant
Examination-in-chief of PW-1:
PW1:
Advocate: What is your name?
PW1: RahatFerdous.
Advocate: What is your status in the suit?

PW1: I'm the only plaintiff of the suit.
Advocate: When did RajonMahmud and you entered into an agreement of sale?
PW1: It was on 29.05.2016.
Advocate: Is is that parent contarct and the signature over there is your's?
PW1: Let me check it...........yes your honour it is that contract and the signature over here is
mine.
Advocate: Did anyone signed in the agreenemt?
PW1: Yes, Maruf and Kawser signed in the agreement as witness.
Advocate: How much area of land?
PW1: It was .10 acre.
Advocate: Did Rajon has any other property?
PW1: No, it was his only property.
Advocate: Did u execute any bainanama with this regard?
PW1: Yes, we execute a bainanama on 10.06.2016 and I gave him 5,00,000 as impressed
money. And he also agreed that the rest amount I'll have to give within 07.09.2016 and then
he will execute a saf kabala in my name and registered the property in my name.
Advocate: Is it that bainanama?
PW1: Let me check it.... yes your honor it is that bainanama which was executed between me
and Rajon regarding the contract.
Advocate: Did you have any receipt of the impressed money 5,00,000?
PW1: Yes I have.
Advocate: Is it that receipt?
PW1: Let me check it............. yes your honor it is the receipt of the impressed money and
signed by Rajon.
Advocate: Did you and Rajon make any agreement for executing saf kabala?
PW1: Yes we did.
Advocate: Is it that agreement?
PW1: Let me check it........... Yes your honor it is that agreement where Rajon agreed to make
a saf kabala in my name and signed by both of us.
Advocate: What Rajon said when you offered to give him the rest amount of money?
PW1: I offered to give him the rest amount of money on25.08.2016, then he refuse to take
that money and also refuse to execute saf kabala in my name.
Advocate: What happen next?
PW1: I go to rajon's house and request him to do according to our contract but he denied and
also argue with me regarding these.

Advocate: Did anyone saw your argument at that time?
PW1: Yes, Menon and Dewan witnessed it.
Advocate: What happen next?
PW1: Then I sent a written notice to him on 18.09.2016 to him regarding these and he denied
with another copy of written form on 21.09.2016.
Advocate: Are these the written notice of both of you?
PW1: Let me check it............. yes your honor these are two written notice of us and also
signed by us.
Advocate: Did you sent any legal notice to the defendant before filling the suit?
PW1: Yes, I did it on 22.09.2016 and gave him 3 days’ time to fulfill the rest part of contarct.
But he didn't done anything and i filled this suit on 26.09.2016.
Advocate: Is it that notice?
PW1: Let me check it............. yes your honor it was that legal notice which was sent by me to
Rajon through my Advocate.
That's all from my part your honor. My opposite learned Advocate may ask cross him if he
want.
Cross-examination of PW1:
Advocate: You are Rahat Ferdous, isn't it?
PW1: Yes, I'm.
Advocate: Rajon Mahmud didn't enter into any agreement of sale with you, isn't it?
PW1: No, he entered into an agreement of sale with me on 29.05.2016 which was witnessed
by kawser and maruf.
Advocate: Rajon neither execute any bainanama with you nor receive any amount of money
from you, isn't it?
PW1: No, he did and also receive.
Advocate: There was no agreement to execute a saf kabala in your name, isn't it?
PW1: No, Rajon agreed with me in a Contract.
Advocate: The disputed land is in possession of the defendant, isn't it?
PW1: Yes.
Advocate: This land is using as house of the defendant, right?
PW1: Yes.
Your honor

That's all from my part.
You may leave the dock with the permission of the court.
Examination-in-chief of PW-2:
Judge: Advocate Sabir khan on behalf of the Plaintiff, are you ready to examine PW2?
Examination- In - Chief:
PW2: Maruf.
Advocate: What is your relation with the plainiff?
PW2: I'm neighbour of the plaintiff.
Advocate: Did you signed in the contract between the plaintiff and defendant regarding sale
of .10 acre land of the defendant as witness?
PW2: Yes, I did.
Advocate: Is it your signature?
PW2: Let me check it......... yes it is my signature.
Advocate: What do you know about the contract?
PW2: Rajon made a contract to sell his only property his house to Rahat in excgange of
10,00,000tk on 29.05.2016. They also agreed on that day to execute a bainanama on
10.06.2016 as rahat agreed to give 5,00,000tk as impressed money to Rajon.
Advocate: Did the plaintiff inorm you when Rajon denied to fulfill the contract?
PW2: Yes, he informed me on 25.08.2016 and also said to go with him on the house of Rajon
on 16.09.2016 , but I could not go because my wife was in hospital and I was busy with that
work.
That's all from my part your honor. My opposite learned Advocate may cross him if he want.
Cross-Examination of PW2:
Advocate: You are a friend of Rahat ferdous, aren't you?
PW2: No, I'm a neighbour of the plaintiff.
Advocate: What is your profession?
PW2: I'm a senior executive officer in Brack Bank.
Advocate: You were not with Rahat on 29.05.2016 because you were in your office at that
day?

PW2: Yes, I was in my office at that day because it was a working day but I had taken leave
after 2 p.m from my manager and gone with Rahat and Rajon and they made their contract at
about 3.30 p.m.
Advocate: You were in hospital at on 29.05.2016, aren't you?
PW2: No, I was with Rahat ferdous when the contract was made.
Advocate: when you were at hospital?
PW2: At 16.09.2016.
Advocate: Your wife was in hispital at 29.05.2016?
PW2: No, she was in hospital at 15.09.2016.
Your honor I don't have any other question to ask the PW2.
Examination-in-chief of PW3:
PW3: Kawsar.
Advocate: What is your relation with plaintiff or defendant?
PW3: I’m aneighbour of defendant.
Advocate: What is your profession?
PW3: I'm a businessman.
Advocate: Is it your signature in the parent contract of sale as a witness?
PW3: Let me check it................ yes it is my signature.
Advocate: What do you know about the contract of sale between Rahat and Rajon?
PW3: Rajon offered to Rahat to buy his property becaouse he needs money for shifting his
family in any other place and demanded tk 12,00,000 as consideration money. But Rahat
agree to give him 10,00,000tk and he also give him 5,00,000 tk as impressed or advance
money of the property. In this contract I was present as a witness and also signed there. It was
on 29.05.2016 and 10.06.2016 respectively.
Advocate: Did the plaintiff inform you that the defendant is not willing to perform the rest
part of their contract?
PW3: Yes he informed me at 16.09.2016 and also in 18.09.2016 when he was telling the
defendant to perform the rest part of the contract and the day when he sent written notice to
the defendant.

Your honor,That's all from my part.
Cross-Examination of PW3:
Advocate: Are you Mr. Kawsar?
PW3: Yes I'm.
Advocate: You are a neighbour of defendant, aren't you?
PW3: Yes.
Advocate: The defendant never thought to shift his house any other place, isn't it?
PW3: No, he told me that he wants to sell this property and shift his house in in Narainganj
and tell me that to be present at the time of making the contract with Rahat and also for
signing as a witness in his side.
Advocate: You have a property beside the property of the defendant and had a clash relating
to the property with the defendant, isn't it?
PW3: Yes I have a property besides him but there was no clash between us.
Your honor,
I don't have any other question.
Examination-in-cheif of defendat witnesses:
Defendant Witness No. 1
Examination- in- chief:
DW1: My name is Rajon Mahmud.
Advocate: State your position of this suit before the hono’ble court?
DW1: I am the only defendant of this suit.
Advocate: How did you become the owner of the suit?
DW1: I inherent the suit land from my father Abdul Rahim.
Advocate: When did you have the possession of the suit land?
DW1: I posses this land from 20.06.2010
Advocate: Is it your inheritance certificate?
DW1: let me check it. Yes, your honor this is the certificate.

Advocate: Can you say the R.S. khatian no. of the suit land?
DW1: Yes, your honor. It is 40 of R.S khatina.
Advocate: Can you say the dag no. of R.S khatian?
DW1: Yes, it is R.S khatian dag no. 152.
Advocate: Did you inducted into the possession of the suit land at the time of inheritance the
suit land?
DW1: Yes, your honor, I did.
Advocate: Do you have any witness of your possession?
DW1: Yes, your honor, I have.
Advocate: Who are they?
DW1: sajib and jesmin.
Advocate: How do you possessing the suit land?
DW1: I possess the suit land through there is my house and it is my only property.
Advocate: Can you explain their activities over your land?
DW1: Yes, your honor, I can.
Advocate: Do you mutated the suit land in your own name?
DW1: Yes, I do, I mutated the suit land in my own name in B.S khatian.
Advocate: Can you say the dag no. of B.S khatian?
DW1: Yes, I can, it is 160.
Advocate: Do you pay the rent to the Government for this suit land?
DW1: Yes, your honour.
Advocate: Is it your rent receipt by which you paid the rent to the Government?
DW1: Yes, Your honor, it is.
Advocate: Did you made any agreement with Mr. Rahat for selling this land?
DW1: No, I didn’t make any agreement with Mr Rahat.
Advocate: did you take any money from Rahat?
DW1: No, your honour.
Advocate: Is there any bainanama executed by you regarding this suit land?
DW1: No, there is no bainanama executed.
Advocate: Your honor, this the receipt by which my client pay rent to the Government.
That’s all your honor, I don’t have any other question to ask him.

CrossExamination
Advocate: Are you Rajon Mahmud?
DW1: Yes, your honor,
Advocate: You dispossessed the plaintiff from the suit land, isn’t it?
DW1: No, your honor.
Advocate: You never in possession over the suit land prior dispossession of the plaintiff, isn’t
it?
DW1: No, your honor, I possessing the suit land for six years.
Advocate: you make an agreement with Mr. Rahat for selling this said land, isn’t it?
DW1: No, your honor, I never make any agreement with the plaintiff.
Advocate: You make a bainanama with plaintiff and take 500000 Tk as impressed money,
isn’t it?
DW1: No, I didn’t take any money from plaintiff and no bainanama is executed.
Examination-in- chief ofDefendants Witness No. 2
DW2: Jesmin Akter
Advocate: Where are you living?
DW2: I am living in Badda.
Advocate: What is profession?
DW2: I am a private jobholder.
Advocate: Do you know Rajon Mahmud?
DW2: Yes, your Honour.
Advocate: How do you know Rajon Mahmud?
DW2: He is my full brother.
Advocate: Do you know about the bainanama and taking money from plaintiff?
DW2: There is no bainanama executed so how can I know about it and also my brother can’t
take any money from Mr. Rahat.
Advocate: Is it only property of Mr. Rajon Mahmud?
DW2: Yes, your honor
Cross Examination:
Advocate: Are you Jesmin Akter?
DW2: Yes, you honor.

Advocate: You are full sister of defendant, isn’t it?
DW2: Yes, your honor.
Advocate: You know about the sell agreement between the plaintiff and defendant, isn’t it?
DW2: No, Your honor.
That’s all your honor, I don’t have any other question to ask him.
Examination-in-chief of Defendant Witness No. 3:
DW3: My name is sajib
Advocate: Do you know the defendant?
DW3: Yes, your honor
Advocate: How do you know the defendant?
DW3: He is my neighbour
Advocate: Can you say about the suit land situation?
DW3: Yes your honor, in this land my brothers house situated.
Advocate: How long time rajon residing there?
DW3: For more than 20 years.
Advocate: Do you ever see the Plaintiffs possession over the suit land?
DW3: No your honor.
Advocate: Did you know about the sell agreement?
DW3: No your honor.
Cross Examination
Advocate: Are you sajib?
DW3: Yes your honor.
Advocate: There is no house in the suit land, isn’t it?
DW3: No, your honor, There is a house in the suit land and Mr. Rajon resides there.
Advocate: MrRjon take 5,00,000/- Tk from Mr. Rahat as impressed money, isn’t it?

DW3: No your honor.
Advocate: you saw the defendant in the possession of the suit land for 6 years ,isn't it?
DW3: yes your honor.
Advocate: you don't know about the agreement between them, isn't it?
DW3: yes your honor.
That’s all your honor, I don’t have any other question to ask her
CLOSING STATEMENT ON BEHALF OF PLAINTIFF
May it please your honor?
Much obliged
I am Advocate (name of the lawyer) on behalf of plaintiff. This is a suit for specific
performance of contract under section 12(d) of the Specific Relief Act, 1877.
Your honor,
Now I would like to conclude this case with this argument.
Your honor,
My client Rahat Ferdous had entered into an agreement with Rajon Mahmud for buying of a
land of Rajon, which is of .10 acre in exchange of 10,00,000 tk on 29.05.2016. Also executed
bainanama and received tk. 5,00,000 from the plaintiff. Defendant fixed a date for performing
the rest part of contract. When my client told him that he is ready to perform his part and
request the defendant to perform his part as well, the defendant denied to perform the rest part
I mean executing a saf kabala in the plaintiff's name.
Your honor,
In this suit the process of Alternative Dispute Resolution had tried through the order of the
learned court but this process was failed. The document regarding which has already been
submitted to the learned court.

Your honor
My client produce some document which were-
- The parent contract between the plaintiff and defendant.
- The bainanama and receipt of taking 5,00,000 tk.
- The written notice of the plaintiff to the defendant to perform the rest part of their contract.
- The denial of the defendant.
- The legal notice sent by the plaintiff.
All these documents were testified by the plaintiff and proved in favour of the plaintiff and
beyond any doubt.
Your honor,
PW1 testified all the matters prescribed in the fact.
PW2 said that he was present at the time making the agreement and also his signature was
testified by him. His statement proved the fact of the plaintiff.
Your Honor,
PW3 also stated that he was present at the time of making of the contract and also signed.
Which proved the truthfulness of the plaintiff's argument.
Your honor
PW4 was present at the time of executing bainanama and giving money to the defendant on
10.06.2016 and she also witnessed it and testified her statement. Which is also assistance of
proving plantiff's fact.
Your honor,
PW5 and PW6 were persent at the time of argument between the plaintiff and the defendant
and they also stated that they saw this and after that they ask them about the fact on which
they were arguing and the plaintiff told them the fact as stated above on 16.09.2016.
Your Honor,
DW1 who is the main witness in this suit is saying that he never entered into any agreement
of sale with the plaintiff and all the statement said by the plaintiff is false but your honor he is
not able to deny about the signature of him which is in the parent contarct, bainanama, written
denial on his behalf for not performing the rest part of the contract. So, it is clear that that the
defendant had failed to prove his fact before the court.
And most importantly your honor ,
The document's produced by the defendant like- deed of mutation, khatain and others and also
the witnesses produced by him ,all these proved that the suit land is possessing by the
defendant and also till now he is possessing the same. Your honor all that thing proved by the
defendant is not a matter of issue in the suit, the plaintiff also admit that this suti land is
possessing by the defendent, this land has been acquired from his father and also muted in his

name. your honor the plaintiff is claiming to execute a saf kabala in his name and give the
possession and ownership in his name which is till to the defendant.
Your honor,
The defendant has failed to disprove the claim of the plaintiff through his documentary
evidence and witnesses and the plaintiff has sucessfully prove his clain by producing some
documents and witnesses which has been mention above.
Your honor,
If the plaintiff didn't get relief by getting a decree for specific performance of the rest part of
the contarct by the defendant, there is no possibility of getting any other relief or
compersation from the defendant as it is his only property.
In support of my suit I would like to produce a case which has been cited in AIR 1933 Rang.
149:
" Relief of specific performance of contarct is as a rule olny allowed when there is no other
sort of relief which will meet the circumstances of the case."
In support of my claim I would like to produce a well established doctrine and that is-
Doctrine of hardship vs hardship. In this principle the Court will decide or give decision in
favour of that party whose loss is irreparable or the balance of convenience goes in
who'sfavour. In that case the plaintiff has proved the claim beyond any reasonable doubt by
his documents and statements of his witnesses. And there is no other option except specific
performance of contract because it is the only property of the defendant and the plaintiff will
suffer irreparable loss if that decree would not give by the honorable court.
Wherefore it is most humbly prayed that your honor would that your honor would graciously
be pleased to pass a decree, directing the defendant to perform the contract specifically and
made a saf kabala in the plaintiff's name.

CLOSING STATEMENT ON BEHALF OF THE DEFENDANT
May It please your honor?
Much obliged
I am Advocate (name of the lawyer) on behalf of the defendant, of Title Suit No, 125/2016.
Your honor,
Now I would like to conclude this case with this argument.
Your honor,
This case is filed by the plaintiff for specific performance of a contract, against the defendant.
Your honor
As it is a civil case the burden of proof is lying on Plaintiff and my opponent learned
plaintiff’s lawyer tried his best to prove the case in favor of the plaintiff but he failed. And the
reason is that the plaintiff files this application on false and vexation grounds just to harass the
defendant. So your honor plaintiff is not entitled to get relief in this case.
Your honor,
The fact of the case is that: Abdul Karim owned .20 acre of land described in R.S Khatian or
died leaving behind 2 daughters namedJasmen and Bipasha and one son Rajon Mahmud.
Rajon Mahmud got the suit land by way of inheritance or entered into an agreement with
Rahat Ferdous to sell out the same at tk. 10,00,000/- on 29.10.2015 or this is his only
property or both Rajan and Rahat executed a bainanama on 10.11.2015 receiving tk.
5,00,000/- as impressed money or it was agreed upon that Rajon would execute a saf- kabala

in favors of Rahat receiving the rest amount of consideration money , tk. 5,00,000/- by
07.05.2016
Rahat on 25.4.2016, urged to Rajon to execute a saf- kabala in his favour receiving tk.
on 16.05.2016Rahat sent a written notice to Rajon requesting to perform the part of the
Your Honor,
Plaintiff witness no.1 said that he is not in possession of the suit land and cannot get the
possession of the suit land and it is defendants only property.
Your honor,
PW2 is saying that he is in his office and in another sentence he is saying that he came out
from his office with leave from his manager and gone with the parties, which is doubtful and
the allegation against the defendant does not prove by this statement.
Your Honor,
PW3 had said that he can't go with the the plaintiff at the time of seeking performance of
contract from the defendant. His statement is not clear.
Your Honor,
Plaintiff witness didn't prove beyond any doubt that there shall be an agreement executed for
selling the said land and the bainanama. They can’t prove that the defendant take any money
as impress money.
Your Honor,
PW5 and PW6 saw an argument between the plaintiff and the defendant and the plaintiff is
saying to perform the rest part of his performance. But the actual fact was that the defendant
borrows some money from the plaintiff and the plaintiff was seeking that money to the
defendant.
Your honor
Based on this testimony; there can be no doubt that the statement made by the plaintiff against
the defendant is false. He can’t prove any allegation against the defendant.
Your honor
If the defendant performs this contract there shall be irreparable loss for the defendant
because this is his only property. There would not be any place to reside with the family of the
defendant.
Your honor,
My client submits some copy of documentary which is properly attached by the proper
authority and these documents prove that the defendant is the original owner of the suit land.
Your honor,

I support of my case I would like to produce a doctrine hardship vs hardship. As the
defendant didn't enter into any agreement with the plaintiff for sale of that property and this is
his only property, he will suffer an irreparable loss if that property would be given to the
plaintiff. And the balance of hardship goes in favour of the defendant.
“Suit filed under section 12 the plaintiff has to prove that there shall be irreparable loss to him
if the contract can’t perform specifically.
Your honor
Now, it is mostly humbly prayed that your honor would graciously pleased to dismiss the suit
with exemplary cost against the plaintiff and in favor of the defendant.
That's all from my part.

Trial part of a civil case

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