IN THE COURT OF HON’BLE PRINCIPAL DISTRICT JUDGE,
PUDUCHERRY
O.S. No: of 2016
B. Shankar … Plaintiff
Vs.
J. Ravikumar … Defendant
PLAINT UNDER ORDER VII RULE 1 R/w. S.26 (1) OF C.P.C.
I. Plaintiff : B. Shankar S/o. Balaswami, Hindu, aged 47 years and
residing at No: 115, Kumaragurupallam, Puducherry – 605
011.
Address for
Service : D. SOUNDARARAJAN
S.BALAJI
Advocates,
Flat.No: 3, Ground Floor, Block-III
Alpha Kamban Estate Apartment,
AnnaiNagar (Via) Chellapappu Nagar
Fourth Main Road, Reddiyarpalayam,
Puducherry – 605 010.
II. Defendant : J. Ravikumar S/o. Jagadeesan, Hindu, aged 45 years and
residing atNo: 8, Thiruvalluvar Nagar, Ariyour Post,
Puducherry – 605 102and also having address atNo: 1 & 2.
II- Floor, Flat: C-1, AvocatBalaSupramanian Street,
Kulathumedu (Opp. to Petitit Seminar Higher Secondary
School, M.G.Road, Puducherry – 605 001.
Address for
Service : As above
III. Facts in matter are as follows:
(a) Plaintiff states that the Defendant herein had represented to him
that the immovable property as described in schedule hereto is in his
absolute, unencumbered and peaceful possession by virtue of registered sale
deedsof 22.12.1999 respectively registered as document Nos: 2692 & 2693
of 1999 in office of Sub-Registrar, Villianur, Puducherry and that in such
status & capacity he had offered to Sell said property to Plaintiff herein.
(b) Plaintiff states that upon acceptance of Defendant such
representation and offer, mutual terms & conditions were agreed upon
between him and the Defendant and the same were reduced into writing on
22.05.2013 between them by execution of concluded contract of Agreement
for Sale of said Property and
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samewas duly registered as Document No: 3152 of 2013 in office of Sub-
Registrar, Villianur, Pondicherry.It is thus the Plaintiff state that the total Sale
Consideration for Sale of said property was mutually agreed upon as
Rs. 15,00,000/= (Rupees Fifteen Lakhs only) as its market value and that
Defendant had also received & acknowledged a Sum of Rs.
10,00,000/=(Rupees Ten Lakhs only) towards major part of Sale
Consideration as advance. The Defendant also hadagreed to complete the
execution of Sale Deed in Plaintiff’s favour within two years by production of
all agreed documents of title, possession, patta, all tax payment receipts
&encumbrance certificate and upon receipt of balance Sale Consideration of
Rs.5,00,000/= (Rupees Five Lakhs only) from Plaintiff herein.
(c). The Plaintiff states that he had repeatedly informed the Defendant
that ever since from the date of agreement he is always/continuously ready &
willing with sufficient means, source, money, funds to pay the balance Sale
Consideration of Rs. 5,00,000/= and to get the Sale Deed executed in his
favour as agreed. The Plaintiff further states that instead of coming forward to
perform the agreed Contractual obligations as aforesaid, the Defendant alone
took time with repeated assurances to fulfill his obligation thereon. Then in
such circumstances, since beginning of March 2016 onwards, the Defendant
suddenly demanded an additional sum of Rs. 10,00,000/= (Rupees Ten Lakhs
Only) from Plaintiff to execute the sale deed or else he would take steps to
dispose the property as described in schedule hereunder to third parties for
higher price in breach of terms of said Agreement.
(d). In such circumstances Plaintiff sent an Advocate notice of
04.03.2016 calling upon the Defendant herein to immediately comply his
agreed terms & obligations and to come forward to receive the balance Sale
Consideration of Rs. 5,00,000/= and to execute Sale Deed in his favour in
respect of property as described in schedule hereto to transfer the title &
possession in compliance of aforesaid sale agreement of 22.05.2013. The
Defendant herein had personally received said notice on 05.03.2016.
Despite receipt of said notice he did not come forward to fulfill Plaintiff
demand. However on the other hand immediately upon receipt of said
notice, the Defendant had met the Plaintiff and assured to comply his
obligations &the Plaintiff demand in due course,but he remain evasive.
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(e). It is in such backdrops, Plaintiff is now reliably learnt that
Defendant in violation of said Contract and with dishonest intention to
commit breach of trust, is in speedy steps to dispose the property as
described in schedule hereto to third parties for higher sum.
(f) Plaintiff states there is no laches or delay on his part and that
Defendant alone remain evasive in performing his contractual
obligations. Plaintiff further states that ever since from date of
agreement he has been always continuously having sufficient funds
(including of Bank deposit in his name in REPCO Bank at Puducherry)
and thus ever ready & willing to perform his part and to get executed
sale deed in his favour. Thus Plaintiff undertake to pay/deposit the
balance Sale Consideration of Rs. 5,00,000/- (Rupees Five Lakhs only)
at any moment in matter.
(g) Thus Plaintiff states he has got prima facie case and that all
balance of convenience & hardships are only in his favour. The
Defendant refusal to perform the contract would only result in
irretrievable loss & damages to Plaintiff and in any event he cannot be
compensated in terms of money.
(h) Plaintiff states that in view of extreme urgency in protecting his
lawful contractual rights over properties in suit and to prevent the Defendant
illegal activities of breach of trust, Plaintiff is forced to file this Suit for relief
of specific performance of contract along with emergent reliefs & for costs.
IV. Cause of action for this Suit arose on & from 22.05.2013 when mutual
registered Sale Agreement was entered between Plaintiff & Defendant, on &
from date of Agreement to till date when Plaintiff is always & continuously
ready & willing to perform his obligation as in said Agreement& to get sale
deed executed in his favour, on & from every day when Defendant alone
remain evasive in fulfilling his obligations, on & from 04.03.2016 when
Plaintiff sent an Advocate Notice to Defendant, on & from 05.03.2016 when
Defendant personally received said notice, on & from subsequently when
Defendant fail to comply his obligations with intent to commit breach of trust
& irretrievable loss to Plaintiff by attempting to dispose the property to third
party and on & from everyday subsequently & continuously when Plaintiff is
entitled for suit reliefs. All said relevant cause of actions are all arose at
Puducherry within Jurisdiction of this Hon’ble Court.
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V. (i) Plaintiff states that sale Consideration as per Suit referred
contract is Rs.15,00,000/= and that Plaintiff pays the proportionate
Court fee of Rs.1,12,500.50 /= as per Section 42(a) Pondicherry Court
Fees and Suit Valuation Act, 1972 for the reliefs as in Paragraph VI (i)
(a) of Plaint.
(ii) Plaintiff estimate the value for injunction @ Rs.400/= and that
Plaintiff pays the proportionate Court Fee of Rs.30.50/= as per S.27(c)
of the Pondicherry Court Fees & Suit Valuation Act, 1972 for the reliefs
as in Paragraph VII (ii) of Plaint.
VI. Therefore it is prayed that this Hon’ble Court may be pleased to
pass a Judgement and Decree:
(i) (a) granting Specific Performance by directing the Defendant in suit
to comply and to execute Sale Deed by transfer of title and possession of
Property as described in Schedule to Plaint to & in favour of Plaintiff by
receiving the balance Sale Consideration of Rs. 5,00,000/= as per Suit
referred Agreement for Sale dated 22.05.2013 executed between Plaintiff &
Defendant in suit by producing all agreed documents and in his default
thereof order execution of Sale Deed & transfer of title and possession (by
delivery of Suit property) to & in favour of Plaintiff through Court by
permitting the Plaintiff to deposit the balance Sale Consideration of Rs.
5,00,000/= to credit of above Suit,
(and without Prejudice)
(b) alternatively if the relief for Specific Performance is legally
refused to Plaintiff direct the Defendant to Re-fund the receipt of
advance amount of Rs.10,00,000/= (Rupees Ten Lakhs only) with
nominal interest @ 12% per annum from date of Sale Agreement ie.,
22.05.2013 to till date of its realization to Plaintiff.
(ii) Consequently granting Permanent Injunction restraining
Defendant, his men, agents or any one claiming through him from
alienating, creating any kind of encumbrances or from dealing with
properties in Suit in any manner to third parties in breach of Suit
referred Agreement for Sale dated 22.05.2013 executed between
Plaintiff & Defendant,
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(iii) directing the Defendant in suit to pay costs of Suit.
(and)
(iv) pass such other reliefs as this Hon’ble Court may deem fit &
proper to render Justice.
Counsel for Plaintiff. Plaintiff.
Dated at Puducherry on this the 21 st day of November, 2016.
VERIFICATION
I --- Plaintiff herein, declare that what are all stated in above
Paragraphs I to VI are all read over & explained in Tamil to my
understanding and that they are all true & correct to best of my
knowledge, belief & information.
Date: 21.11.2016.
Puducherry. Plaintiff.
SCHEDULE OF PROPERTY
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Cadastre No-395/3/3/2/2/2pt-y; mlA;fpafpHf;F-Bkw;F 30-mo, bjw;Ftlf;F 60-mo
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mjpYs;sFoePh; kw;Wk; kpd;rhuk; nizg;g[fs; cs;gl (brl;oy;bkz;l; go hP.rh;Bt
be.121/8B). njw;Frf;Fge;jp: ghDkjpnlj;jpw;FfpHf;F, MWKfk; nlj;jpw;FBkw;F,
Buhl;ow;Ftlf;F, jpUkiytifawhnlj;jpw;Fbjw;Fnjw;Fl;gl;lJ.
VERIFICATION
I --- Plaintiff herein, declare that Particulars given in above
Schedule of Property are all read over & explained in Tamil to my
understanding and that they are all true & correct to best of my
knowledge, belief & information.
Date: 21.11.2016.
Puducherry. Plaintiff.
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LIST OF DOCUMENTS
Sl. Date Description
1. 22.05.2013 -- Original Sale Agreement between Plaintiff &
Defendant.
2. 04.03.2016 -- Office copy of Advocate Notice sent to
Defendant
along with postal receipt.
3. 05.03.2016 -- Postal acknowledgment cardby Defendant for
receipt of Advocate notice sent by Plaintiff.
4. 08.03.2012 -- True Photocopy of Bank deposit made by
Plaintiff in REPCO Bank, Puducherry.
Date: 21.11.2016.
Puducherry. Counsel for Plaintiff.
