Model Form of Special Leave Petition

Updated at:March 2010
 
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In the Supreme Court of India Civil Appellate Jurisdiction

Special Leave Petition (Civil) No.............................. of..............

(From the Judgment and Final Order dated................... passed by the hostage ........................ High Court consisting of the hostage Mr. Justice................................................................................................ and the hostage

Mr. Justice_______in FMA No of..............).

In the matter of Sri................................. son of................................ Petitioner

versusCo-operative Housing Society Ltd. and Ors. Respondents

Office Report on Limitation The above-mentioned matter is in time/time barred.

Dated...................................................................................... Section Officer

Synopsis

AB, owner of a rent-free land at...................... (hereinafter referred to as the

vendor), entered into an agreement with the CD Housing Society Ltd. for sale thereof on which land the Society intended to construct apartment building. An Indenture was entered into between the said owner and the Society. The price was fixed and Earnest Money was paid by way of part payment of the total price.

Clause 5 of the said agreement provided that the Society will construct multistoried building on the said land and the vendor will have the right to purchase 8 flats in the said building in the name of himself or his nominees each flat containing a floor-area of not less than 1200 sq. ft. The purchase price will be at the same rate as might be payable by other purchasers of similar flat in the said building. The society shall not sell those 8 flats without first offering to the vendor by giving at least sixty days' notice in writing. On failure of the vendor to signify his willingness to purchase within the said period of sixty days the Society will be entitled to dispose of the flat to any other person.

By a letter the Society informed the vendor that the vendor's application for membership was accepted and a three be droomed flat No. 2 has been allotted to him at Rs and for a garage space another

Rs........................ In default of making payment on due dates, the allotment of the flat would be liable to be cancelled, and that the right of the vendor in the Society will be governed by West Bengal Co-operative Societies Act, Rules and its Bye-laws.

The Society issued two Share Certificates for Rs. 100 each in favour of the vendor and flat No...

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