IN THE COURT OF THE SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT

AT BANGALORE

O.S No. /2015

BETWEEN:

__________ Plaintiff

AND:

__________ Defendant

INDEX

Sl. No. PARTICULARS PAGE NO.

1. Memorandum of Interlocutory Application filed under

Order XXXIX Rule 1 & 2 R/w Section 151 of C.P.C.

2. Affidavit in support of I.A.

Bangalore,

Date: Advocate for the Plaintiff.

 IN THE COURT OF THE SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT

AT BANGALORE

I A No. /2015

IN

OS No.______/2015

BETWEEN:

_______________ Plaintiff

AND:

______________ Defendant

IN THE COURT OF THE SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT

AT BANGALORE

IA No.__________/2015
IN
O.S No. /2015

BETWEEN
NAME
S/O or D/O or W/O
Age
Address PLAINTIFF
AND
NAME
S/O or D/O or W/O
Age
Address DEFENDANT

INTERLOCUTORY APPLICATION FILED UNDER ORDER XXXIX RULE 1 AND 2 READ

WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

For the reasons stated in the accompanying affidavit, it is most respectfully

prayed that this Hon’ble Court may be pleased to grant an ad-interim order of

injunction restraining the Defendant, her agents, servants etc or anyone claiming

under her from alienating or encumbering any portion of the Suit Schedule

Property to third parties, pending disposal of the above suit on merits, in the

interest of justice and equity.

 It is humbly prayed that an ex-parte order of temporary injunction may

be granted as the delay involved if notices are issued would render the very

purpose of the suit nugatory.

SUIT SCHEDULE PROPERTY

SCHEDULE
All piece and parcel of the residential property at
____________________, Bengaluru consisting of five (5) bedrooms, Hall,
Kitchen, bathroom and bounded as follows:-

On the East : By Conservancy lane and Private property;

On the West : By Road;
On the North : By Kamath Property;
On the South : By Private Property

Bangalore,

Date: Advocate for the Plaintiff

 IN THE COURT OF THE SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT

AT BANGALORE

O.S No. /2015

BETWEEN:

_____________ Plaintiff

AND:

_______________ Defendant

AFFIDAVIT

I, ___________, S/o ______________, aged about _______ years, residing at

______________________ Bangalore – 560020, do hereby solemnly affirm and

state on oath as follows:

1. I state that I am the Plaintiff in the above case. I am conversant with the

facts of the case, hence I am swearing to this Affidavit.

2. I state that the averments made in the Memorandum of Plaint may kindly

be read as part and parcel of this affidavit, in order to avoid repetition of

the facts and circumstances of the case.

3. I state that the Defendant had represented to me that she is the absolute

owner of the Property ________________________, Bangalore East

Taluk (which more fully described in the Schedule and herein after

referred to as Suit Schedule Property) having purchased the same

through a registered Sale Deed dated 30.11.1995.

4. I state that the Defendant with an intention of selling the Suit Schedule

Property in my favour executed a Sale and Purchase Agreement dated

22.08.2007 after I made a payment of Earnest Money Deposit of Rs.

5,00,000/- (Rupees Five Lakhs only) to the Defendant vide Cheque

bearing No. 545526 dated 22.08.2007.

5. I state that the sale consideration for the purchase of the Schedule

Property was agreed between the parties at Rs. 76,00,000/- (Rupees

Seventy Six Lakhs only) and in pursuance of the above Sale and Purchase

Agreement dated 22.08.2007, I have made part payments to the tune of

Rs. 20,00,000/- (Rupees Twenty Lakhs only) which is duly acknowledged

by the Defendant. I state that I have made the payments to the

Defendant as in the following manner:

(i) Voucher for Rs. 5,00,000/- (Rupees Five Lakhs only) by way

of Cheque dated 22.08.2007 bearing No: 545526 drawn on

Syndicate Bank, Malleshwaram Branch, Bangalore in

favour of the Defendant.

(ii) Voucher and Receipt for Rs. 5,00,000/- (Rupees Five Lakhs

only) by way of Cheque dated 12.09.2007 bearing No:

545578 drawn on Syndicate Bank, Malleshwaram Branch,

Bangalore in favour of the Defendant.

(iii) Voucher and Receipt for Rs. 5,00,000/- (Rupees Five Lakhs

only) by way of Cheque dated 23.10.2007 bearing No.

234627 drawn on Syndicate Bank, Malleshwaram Branch,

Bangalore in favour of the Defendant.

(iv) Voucher and Receipt for Rs. 2,00,000/- (Rupees Two Lakhs

only) by way of Cheque dated 03.11.2007 bearing No.

494903 drawn on Syndicate Bank, Malleshwaram Branch,

Bangalore in favour of the Defendant.

(v) Voucher and Receipt for Rs. 3,00,000/- (Rupees Three

Lakhs only) by way of Cheque dated 05.11.2007 bearing

No. 464904 drawn on Syndicate Bank, Malleshwaram

Branch, Bangalore in favour of the Defendant.

6. I state that I have paid a total sum of Rs. 20,00,000/-(Rupees Twenty

Lakhs only) to the Defendant as part payment out of the total sale

consideration of Rs. 76,00,000/-(Rupees Seventy Six lakhs only).

7. I state that as per Clause 4.1 of the Sale and Purchase Agreement dated

22.08.2007, it was agreed between me and the Defendant that the Sale

Deed would be registered within three months from the date of receipt

of the order of conversion of the Schedule Property. I further state that as

per Clause 9.1 of the said Sale and Purchase Agreement dated

22.08.2007, the Defendant was to apply for conversion within four

months from the date of the said Agreement at her own cost and if the

conversion is delayed beyond four months such delayed period shall be

added to the period agreed for registration of the said Agreement.

8. I state that in the light of Clause 9 of the Agreement, the onus of

conversion is on the Defendant and she has not taken any steps towards

getting the conversion of the Schedule Property from agricultural to

residential purposes. I further state that the Defendant has not issued any

communication to the me in respect of the steps taken by her with

respect to the conversion of the Suit Schedule Property from agricultural

to residential purposes even after receipt of the above said amount of Rs.

20,00,000/- (Rupees Twenty Lakhs only). Hence it is clear from the

conduct of the Defendant that she is not ready and willing to perform her

part of the contract and hence the Defendant has not acted in

accordance with the terms agreed upon in the Sale and Purchase

Agreement dated 22.08.2007.

9. I state that the Defendant on 04.07.2015 issued a Legal Notice of

termination of the Sale and Purchase Agreement dated 22.08.2007 by

making false and baseless allegations against me, thereby depriving me of

the right, title and interest in the Suit Schedule Property.

10. I state that the Defendant having entered into Sale and Purchase

Agreement dated 22.08.2007 way back in the year 2007 and having

received the part payment of Rs. 20,00,000/- (Rupees Twenty Lakhs only)

ought to have come forward to execute and register the Sale Deed in my

favour after obtaining Conversion order from the concerned authority in

respect of the Suit Schedule Property. However, the Defendant has failed

to act in accordance with the terms agreed upon in the Sale and Purchase

Agreement dated 22.08.2007 and has not obtained an order of

Conversion with respect to the Suit Schedule Property.

11. I state that I have been repeatedly calling upon the Defendant to get an

order of conversion of the Suit Schedule Property from agricultural to

residential purposes as soon as possible and expressing my readiness and

willingness to purchase the Suit Schedule Property from the Defendant

and calling upon her to execute a registered Sale Deed. However, on one

pretext or the other the Defendant is delaying in getting an Order of

conversion of Suit Schedule Property and has been evading my requests.

12. I state that the intention of the Defendant to rescind and breach the

terms of the Sale and Purchase Agreement dated 22.08.2007 is clear in

view her issuing the above said legal notice dated 04.07.2015 terminating

the Sale and Purchase Agreement dated 22.08.2007. I reiterate that the

in order to purchase the Suit Schedule Property, I had right from the date

of entering into the above Agreement, has made several payments to the

Defendant amounting to Rs. 20,00,000/- (Rupees Twenty Lakhs only).

13. I state that inspite of several requests, the Defendant has not taken any

steps to get an order of conversion in respect of the Suit Schedule

Property and thereafter execute a registered Sale Deed in my favour but

has in turn sent a notice of termination of Sale and Purchase Agreement

dated 22.08.2007. Therefore the Plaintiff is constrained to file the present

 suit seeking for specific performance of the Sale and Purchase Agreement

dated 22.08.2007.

14. I state that the Defendant is making hasty attempts to alienate the Suit

Schedule Property to third parties which would only cause great prejudice

to me and therefore, it is just and necessary to direct to issue an order of

temporary injunction restraining the Defendant from alienating the Suit

Schedule Property until the disposal of the present case. I state that in

the event, the Schedule Property is alienated, the same would create

third party interests and it would be detrimental to my interest and my

interest will be seriously prejudiced. I state that I have established a

prima facie case and the balance of convenience is in my favour and I

would be made to suffer loss and injury in the event an interim order as

prayed for is not granted.

Wherefore, pending disposal of the above suit, I pray that this Hon’ble

Court be pleased to allow the accompanying Application in the interest of

justice.

Bangalore DEPONENT

Date:

Identified by me,

Advocate

No. of corrections: