IN THE COURT OF THE HONOURABLE DISTRICT AND SESSIONS

JUDGE AT:: SANGAREDDY

O.S.N o. of 2022.

Between:

Sadiya Semeen W/o Mohammed Basheer Ali

Aged about 50 years, Occ: Private Service
R/o Zaheerabad Town & Mandal,
Sangareddy District, Telangana State.

….Plaintiff

AND

Mohammed Intezhar Khan S/o Sher khan,

Aged about 53 years, Occ: Agriculture,
R/o H.No 2-1-269 , Subhashgunj , Zahirabad Town and Mandal ,
Sangareddy District, Telangana State.
… Defendant.

CLAIM: SUIT FOR SPECIFIC PERFORMANCE CONTRACT.

@@@

PLAINT FILED UNDER ORDER VII, RULES 1 & 2, R/w. SEC. 26 OF CPC.

May it please your Honour,

I. Description of Plaintiff:-
 That the address of the plaintiff for the purpose of service of
all notices, process and summons etc., is the same as mentioned above and
that of her counsel Sri G.Srinivas Reddy , Advocate , Zaheerabad.

II. Description of defendants: -

That the address of the defendant for the purpose of
service of all notices, process and summons etc., is the same as
mentioned above.

The Plaintiff most humbly submits as follows:

1. The plaintiff humbly submits that that the Defendant is the absolute
owner and possessor of Agricultural land in Sy 327/ admeasuring
to the extent Of an Ac 04-15 Guntas Situated At Zahirabad Town and
Mandal, Sangareddy District, which is more fully described and
delineated in the schedule of property annexed hereunder to the plaint
and hereafter referred to as “suit schedule property”.

2. It is submitted that the defendant being the absolute owner of the suit
land, Defendant offered to sell the suit land to the plaintiff, and the
plaintiff had agreed to purchase the same for a total sale consideration
of Rs. 43,75,000/- ( Rupees Fourty Three Lakhs Seventy Five
Thousand Rupees Only) and The Plaintiff paid Total Sale
Consideration amount Of 43,75,000/- (Rupees Fourty Three Lakhs
Seventy Five Thousand Rupees Only) On 10-01-2020 and same day
defendant executed an agreement of sale in favour of plaintiff i.e., on
 10-01-2020 in the presence of attesting witnesses, The defendant
further agreed that he would register the suit property on the name of
Plaintiff within One month after Government survey from date of
execution of the said Sale deed .

3. It is submitted that before completion of one month, the plaintiff

approached the defendant so many times and orally requested to
execute the registered sale deed in favour of plaintiff by surveying the
land. But the defendant did not come forward to execute the
registered sale deed in favour of plaintiff and even after completion of
one Month many times the Plaintiff approached the defendant but the
defendant did not responded properly and bluntly refused for the same
.The plaintiff now reliably learnt that the defendant is making efforts to
sell the land on the name third parties hence he issued a legal notice to
Defendanat On 19-2-2020, but the said notice was intentionally not
received by the defendant hence the said notice returned unserved and
now the defendant trying to sell the suit land to others. In the event if
the defendant hence no other source to Plaintiff here in filing present
suit for specific performance and if defendant succeeded in her
attempts, the very purpose of filing the present suit will be defeated.
These are the facts, which constitute cause of action to sue the
defendants and the defendant is liable to answer.

4. It is submitted that the plaintiff is having prima-facie case and balance

of convenience in her favour, and if the suit is not decreed, the plaintiff
 will be subjected to heavy and irreparable loss, which cannot be
compensated by any means.

5. CAUSE OF ACTION: - The cause of action arose on 10-01-2020

when the defendant executed Sale Deed in favour of the plaintiff, by
receiving the Total Sale Consideration Amount Of R.s 43,75,000/-
(Rupees Fourty Three Lakhs Seventy Five Thousand Rupees Only) by
agreeing to execute the registered sale deed within in one month after
Government Survey from date of execution sale deed , and but after
one month when the plaintiff approached the defendant to execute the
registered sale deed in favour of plaintiff, but the defendant refused for
the same and even after one month Plaintiff approached the
Defendants’ but defendants bluntly refused the same now the plaintiff
reliably learnt that the defendant is trying to alienate the suit schedule
property to some third parties, then he issued legal notice on 19-2-
2020 but said notice also returned constitute the cause of action to
file the suit.

6. JURISDICTION: - The suit schedule property is situated at Zahirabad

Town and Mandal , Sangareddy District, within the territorial
jurisdiction of this Hon’ble Court, as such, this Hon’ble Court has got
territorial jurisdiction to try the suit and the suit valued at Rs 43,75,000/-
( Rupees Fourty Three Lakhs Seventy Five Thousand Rupees Only )
as per the sale deed for the payment of court fee and jurisdiction, as
 such this Hon’ble Court has got also pecuniary jurisdiction to try the
suit.

7. COURT FEE & SUIT VALUATION: - That the plaintiff filed the suit for
specific performance of contract, and as the agreement of sale wit
possesion the value of the suit land is R.s 43,75,000/- ( Rupees Fourty
Three Lakhs Seventy Five Thousand Rupees Only upon which a
fixed Court Fee of Rs. 46,226/- is paid U/s. 39, R/w. Article I of
Schedule-II, of A.P.C.F. & S.V., Act, which is proper and sufficient.

8. PRAYER:
Hence, it is prayed that the Hon’ble Court may be pleased to pass a
decree in terms as follows:
I) To direct the defendant to execute the regular sale deed in
favour of the plaintiff in respect of the suit land situated at ,
Zahirabad Town and Mandal, Sangareddy Dist., which is more
fully described in the plaint schedule, by receiving the balance
sale consideration.
II) In the event if the defendant failed to execute the registered sale
deed, the plaintiff may be permitted to deposit the balance sale
consideration through lodgment schedule before this Hon’ble
Court, and the Hon’ble Court may be pleased to execute the sale
deed on behalf of defendant in favour of plaintiff.
III) Costs of the suit be awarded to the plaintiff.
 IV) Any other or further reliefs to which the plaintiff is found entitled
in the circumstances of the case also may be passed.
Place : Sangareddy.
Date : -07-2022. PLAINTIFF.
VERIFICATION:-

I, the plaintiff herein, do hereby declare that the contents of the above
plaint Paras are true and correct to the best of my knowledge and belief;
hence verified on this the Day of July 2022 at Zaheerabad.

Place : Sangareddy.
Date : -07-2022. PLAINTIFF.

LIST OF DOCUMENTS:

1. Original Agreement of sale dated 10-01-2020.

2. Latest Pahani obtained from Dharani Portal
3. Office Copy of Legal Notice
4. Courier Slip
5. Returned unserved Cover

Place : Sangareddy
Date : -07-2022. PLAINTIFF.
 SUIT SCHEDULE PROPERTY

Agricultural land In Sy.No. 327/ admeasuring to the extent of an

Ac. 04-15 guntas Situated at Zaheerabad Town and Mandal, Sangareddy
District, Telangana bounded by:

North : Agricultural Land in Sy.No.328

South : Remaining Agricultural Land in Sy.No.327/

East: Agricultural Land in Sy.No.347

West: Agricultural Land in Sy.No.326

Place : Sangareddy.
Date : -07-2022. PLAINTIFF.

COUNSEL FOR PLAINTIFF.

 IN THE COURT OF THE HONOURABLE DIST. AND SESSIONS JUDGE

AT:: SANGAREDDY

I.A.No. of 2022.

in

O.S.No. of 2022.

Between:

Sadiya Semen

… Petitioner/Plaintiff.

A N D

Mohammed Intezhar Khan

…Respondent/Defendant.

AFFIDAVIT

I, Sadiya Semeen W/o Mohammed Basheer Ali, Aged about 50

years, Occ: Private Service R/o Zaheerabad Town & Mandal, Sangareddy
District, Telangana State, do hereby solemnly affirm and state on oath as
follows.
1. That I am the deponent herein, and plaintiff in the main suit, hence well
acquainted with the facts of this case, I am swearing this affidavit.

2. That I crave the indulgence of this Hon’ble Court to read the averments
of the plaint as a part and parcel of this affidavit.

3. The Petitioner humbly submits that that the respondent is the absolute
owner and possessor of Agricultural land in Sy 327/ admeasuring
to the extent Of an Ac 04-15 Guntas Situated At Zahirabad Town and
Mandal, Sangareddy District, which is more fully described and
delineated in the schedule of property annexed hereunder to the plaint
and hereafter referred to as “suit schedule property”.

4. It is submitted that the respondent being the absolute owner of the suit
land, he offered to sell the suit land to the petitioner, and the petitioner
had agreed to purchase the same for a total sale consideration of Rs.
43,75,000/- ( Rupees Fourty Three Lakhs Seventy Five Thousand
Rupees Only) and The Plaintiff paid Total Sale Consideration amount
Of 43,75,000/- (Rupees Fourty Three Lakhs Seventy Five Thousand
Rupees Only) On 10-01-2020 and same day respondent executed an
agreement of sale in favour of petitioner i.e., on 10-01-2020 in the
presence of attesting witnesses, The respondent further agreed that
he would register the suit property on the name of petitioner within One
month after Government survey from date of execution of the said Sale
deed.
5. It is submitted that before completion of one month, the petitioner
approached the respondent so many times and orally requested to
execute the registered sale deed in favour of petitioner by surveying
the land. But the respondent did not come forward to execute the
registered sale deed in favour of petitioner and even after completion of
one Month many times the petitioner approached the respondent but
the respondent did not responded properly and bluntly refused for the
same. The petitioner now reliably learnt that the respondent is making
efforts to sell the land on the name third parties hence he issued a legal
notice to respondent On 19-2-2020, but the said notice was
intentionally not received by the respondent hence the said notice
returned unserved and now the respondent trying to sell the suit land to
others and if respondent succeeded in her attempts, the very purpose
of filing the present petition to restrain the respondent from alienating
the suit schedule property pending disposal of the main suit. Hence the
respondent may be restrained by way of ad-interim injunction order,
and if ad-interim injunction order is not granted, she will be put to
hardship which cannot be compensated by any means.

6. I humbly submit that we are having prima-facie case and balance of

convenience in our favour, and if ex-parte ad-interim injunction order is
not granted we will be subjected to heavy and irreparable loss, which
cannot be compensated by any means.
 7. That in case, if the Hon’ble Court issues a notice to the respondent, the
very purpose of filing the suit and the petition will be defeated and as
such, the same may be dispensed with.

THEREFORE, IT IS PRAYED THAT THE HON’BLE

Court may be pleased to grant Ad-Interim Injunction in favour of the

petitioner/plaintiff restraining the respondent/defendant his men, legal
representatives, workmen, and any other person or persons claiming through
him or on his behalf in alienating, creating charge, mortgage, gift, or by way
of transfer or making agreement of sale in favour of third parties in and over
the Suit Schedule property mentioned in the schedule annexed to this
petition, pending disposal of the main suit to secure the ends of justice and
equity.

Place : Sangareddy.
Date : -07-2022. D E P O N E N T.

Sworn and signed before me on this the day of

July, 2022.

A D V O C A T E.
 IN THE COURT OF THE HONOURABLE DIST. AND SESSIONS JUDGE

AT:: SANGAREDDY

I.A.No. of 2022.

in

O.S.No. of 2022.

Between:

Sadiya Semeen W/o Mohammed Basheer Ali

Aged about 50 years, Occ: Private Service
R/o Zaheerabad Town & Mandal,
Sangareddy District, Telangana State.

….Petitioner/Plaintiff

AND

Mohammed Intezhar Khan S/o Sher khan,

Aged about 53 years, Occ: Agriculture,
R/o H.No 2-1-269 , Subhashgunj , Zahirabad Town and Mandal ,
Sangareddy District, Telangana State.
 …Respondent/Defendant.

PETITION FILED U/Or.39, RULES 1 & 2, R/w. 151 OF CPC.

For the reasons accompanying affidavit, the petitioner herein prays that
the Hon’ble Court may be pleased to grant Ad-Interim Injunction in favour of
the petitioner/plaintiff restraining the respondent/defendant his men, legal
representatives, workmen, and any other person or persons claiming through
him or on her behalf in alienating, creating charge, mortgage, gift, or by way
of transfer or making agreement of sale in favour of third parties in and over
the suit schedule property mentioned in the schedule annexed to this petition,
pending disposal of the main suit to secure the ends of justice and equity.

Place : Sangareddy.

Date : -07-2022. COUNSEL FOR PETITIONER.

SUIT SCHEDULE PROPERTY

Agricultural land In Sy.No. 327/ admeasuring to the extent of an

Ac. 04-15 guntas Situated at Zaheerabad Town and Mandal, Sangareddy
District, Telangana bounded by:

North : Agricultural Land in Sy.No.328

South : Remaining Agricultural Land in Sy.No.327/

East: Agricultural Land in Sy.No.347

West: Agricultural Land in Sy.No.326

Place : Sangareddy
Date : -07-2022. COUNSEL FOR PETITIONER.

IN THE COURT OF THE HONOURABLE DIST. AND SESSIONS JUDGE

AT:: SANGAREDDY

O.S.No. of 2022.
Between:

Sadiya Semen

…Plaintiff.

A N D

Mohammed Intezhar Khan

…Defendant.

AFFIDAVIT FILED U/Or.VI, RULE 15(4) OF CPC

I, Sadiya Semeen W/o Mohammed Basheer Ali, Aged about 50

years, Occ: Private Service R/o Zaheerabad Town & Mandal, Sangareddy
District, Telangana State, do hereby solemnly affirm and state on oath as
follows.
1. That I am the deponent herein, and plaintiff in the main suit, hence well
acquainted with the facts of this case, I am swearing this affidavit.
 2. That I crave the indulgence of this Hon’ble Court to read the averments
of the plaint as a part and parcel of this affidavit.
3. I submit that I have filed the suit for specific performance of contract,
against the defendant who executed the agreement of sale in my
favour in respect of the suit land and received earnest amount and
agreed to execute the registered sale deed in my favour, and when I
have approached the defendant to execute the registered sale deed in
my favour and even after oral demand made by me, the defendant
failed to execute the registered sale deed in my favour besides
issuance of the legal notice. I submit that I am having liberty to
add/implead some other parties in the suit as and when required and if
necessary.
4. That I have filed the documents along with the suit, and the facts
mentioned in the suit are true and correct to the best of our knowledge
and belief, and nothing was concealed. I further submit that we have
not filed any suit or petition before the same subject matter and
between the parties, except this Hon’ble Court, and hence considering
the facts and circumstances, and the documents filed by me, the
Hon’ble Court may kindly register the suit.

Therefore, it is prayed that the Hon’ble Court may be pleased to

register the suit by considering the documents, fact mentioned in the plaint,
and try the suit, and decree the same, to secure the ends of justice.

Place : Sangareddy
Date : -07-2022. D E P O N E N T.
Sworn and signed before me on this
the day of July, 2022.

A D V O C A T E.

IN THE COURT OF THE HONOURABLE DIST. AND SESSIONS JUDGE

AT:: SANGAREDDY

O.S.No. of 2022.
Between:

Sadiya Semen

…Plaintiff.

A N D

Mohammed Intezhar Khan

…Defendant.

SUPPORTING AFFIDAVIT

I, Sadiya Semeen W/o Mohammed Basheer Ali, Aged about 50

years, Occ: Private Service R/o Zaheerabad Town & Mandal, Sangareddy
District, Telangana State, do hereby solemnly affirm and state on oath as
follows.
 1. That I am the deponent herein, and plaintiff in the main suit, hence well
acquainted with the facts of this case, I am swearing this affidavit.
2. That I crave the indulgence of this Hon’ble Court to read the averments
of the plaint as a part and parcel of this affidavit.
3. I submit that I have filed the suit for specific performance of contract,
against the defendant who executed the agreement of sale in my
favour in respect of the suit land and received earnest amount and
agreed to execute the registered sale deed in my favour, and when I
have approached the defendant to execute the registered sale deed in
my favour and even after oral demand made by me, the defendant
failed to execute the registered sale deed in my favour besides
issuance of the legal notice.
4. That I have filed the documents along with the suit, and the facts
mentioned in the suit are true and correct to the best of our knowledge
and belief, and nothing was concealed. I further submit that we have
not filed any suit or petition before the same subject matter and
between the parties, except this Hon’ble Court, and hence considering
the facts and circumstances, and the documents filed by me, the
Hon’ble Court may kindly register the suit.

Therefore, it is prayed that the Hon’ble Court may be pleased to

register the suit by considering the documents, fact mentioned in the plaint,
and try the suit, and decree the same, to secure the ends of justice.

Place : Sangareddy
Date : -07-2022. D E P O N E N T.
Sworn and signed before me on this
the day of July, 2022.

A D V O C A T E.

FORM No. 8
IN THE COURT OF THE HONOURABLE DIST. AND SESSIONS JUDGE
AT:: SANGAREDDY
O.S.No. of 2022.
Between:
Sadiya Semeen
… Plaintiff.
A N D
Mohammed Intezhar khan.
… Defendant.
(Rule II and Part-I Volume I. C.R.P. & C.O).

1. Serial Number of item immovable property :

2. Registration District and Sub-District. : Sangareddy District,

Tahsildar-cum-Jt. Sub-
Registrar, Zaheerabad

3. Taluk and village where property is situated : Zaheerabad Town,

Zaheerabad Mandal, Sangareddy Dist.

4. Survey Number and one sub-division : Mentioned in the schedule

5. Extent : Mentioned in the schedule

6. Class of land wet or Dry : Dry

7. Retail Value of the land :

8. Present market value :

9. Value of purpose if court fee and jurisdiction :

That the plaintiff filed the suit for specific performance of contract, and as the agreement
of sale wit possesion the value of the suit land is R.s 43,75,000/- ( Rupees Fourty Three
Lakhs Seventy Five Thousand Rupees Only upon which a fixed Court Fee of Rs.
46,226/- is paid U/s. 39, R/w. Article I of Schedule-II, of A.P.C.F. & S.V., Act, which is
proper and sufficient.
10. Remarks :

Counsel for plaintiff.

In the court of the Hon’ble District

and Sessions Judge.
At:Sangareddy.

O.S.No. of
2022.

Between:

Sadiya Semeen

… Plaintiff.

A N D

Mohammed Intezhar Khan

… Defendant.

PLAINT FILED U/ Or. VII,RULES

1 & 2, R/w. SEC.26 OF C.P.C.
 Filed on: -07-2022.

Filed by: Counsel for Plaintiff.

Address for service:

M/s. G.Srinivas Reddy,

Advocate, Zaheerabad.

In the court of the Hon’ble District

and Sessions Judge.
At:Sangareddy.

O.S.No. of
2022.

Between:

Sadiya Semeen

… Plaintiff.

A N D

Mohammed Intezhar Khan

… Defendant.

SUPPORTING AFFIDAVIT
 Filed on: -07-2022.

Filed by: Counsel for Plaintiffs.

Address for service:

M/s. G.Srinivas Reddy,

Advocates, Zaheerabad.

In the court of the Hon’ble District

and Sessions Judge.
At:Sangareddy.

O.S.No. of
2022.

Between:

Sadiya Semeen

… Plaintiff.

A N D

Mohammed Intezhar Khan

… Defendant.

AFFIDAVIT FILED U/Or.VI,

RULE 15(4) OF CPC
 Filed on: -07-2022.

Filed by: Counsel for Plaintiff.

Address for service:

M/s. G.Srinivas Reddy,

Advocates, Zaheerabad.

In the court of the Hon’ble District

and Sessions Judge.
At:Sangareddy.

I.A.No. of 2022
IN
O.S.No. of 2022.
Between:

Sadiya Semeen

… Petitioner/Plaintiff.
A N D
Mohammed Intezhar Khan

…Respondent/Defendant.
 PETITION FILED U/Or.39,
RULES 1 & 2, R/w. 151 OF CPC.

Filed on: -07-2022.

Filed by: Counsel for Petitioners.

Address for service:

M/s. G.Srinivas Reddy,

Advocates, Zaheerabad.
G. SRINIVAS REDDY, Zaheerabad.
ADVOCATE Sangareddy District.
Mobile : 9573888567

// By Regd. Post with Ack. Due //

LEGAL NOTICE
Date : 19.02 .2020.
To,
Mohammed Intezhar Khan S/o Sher khan,
Aged about 53 years, Occ: Agriculture,
R/o H.No 2-1-269 , Subhashgunj , Zahirabad Town and Mandal ,
Sangareddy District, Telangana State.

Under the instructions of my client Sadiya Semeen W/o Mohammed

Basheer Ali , Aged about 50 years, Occ: Private Service R/o Zaheerabad
Town & Mandal, Sangareddy District, Telangana State, I am issuing this legal
notice to you No.1 and 2 which is as under.

1. My client represents that you are the absolute owner and possessors of
Agricultural land In Sy.No. 327/ admeasuring to the extent of an
Ac. 04-15 guntas Situated at Zaheerabad Town and Mandal,
Sangareddy District, Telangana.

2. It is represented by my client you being the owner of the above

property offered to sell the same for a total sale consideration amount
of Rs.43,75,000/-, and in pursuance of offer and acceptance, and after
negotiations, my client agreed to purchase the said property for the
said sale consideration, and in turn you have executed agreement of
sale in favour of my client in the presence of witnesses on dated
10.01.2020 and on the date of execution of agreement of sale, my
client paid an entire sale consideration amount of Rs.43,75,000/- to you
have acknowledged the same in the presence of attesting witnesses.
After execution of the agreement of sale, you agreed that you No.1 and
2 would execute the registered sale deed in favour of my client on or
before 1 month after Government survey of the land.
3. It is represented by my clients that my client within 1 month from the
date of execution of agreement of sale so many times orally requested
you to execute the registered sale deed in favour of my client by
surveying the land, but you have postponed the same on one pretext or
the other. It is submitted that after payment my client so many times
 approached you and orally requested to execute the registered sale
deed in favour of my client by surveying the land but you have
postponed the same. Subsequently my client reliably learnt that you in
order to cheat my client, is making hectic efforts to alienate the said
property in favour of some third parties, as such on coming to know the
said fact, my client approached you and orally requested to execute the
registered sale deed in respect of the said land in favour of my client
but you have failed to do the same.

Hence, I on behalf of my client call upon you to come forward to

execute the registered sale deed in favour of my client in respect of the above
said land in pursuance of agreement of sale executed by you on 10.01.2020
in favour of my client within (07) days from the date of receipt of this legal
notice, failing which my clients shall be constrained to take appropriate legal
action against you for which you will be held responsible for all the costs and
consequences arising thereof.

Hence avoid.

By Advocate