Plaint For Clarification

Sub-Suclse
IN THE COURT OF DISTReT MHNSF, KATPADI VELLORE DISTRICT

0.S.No. OCOof 2022
V.Thulasi
Plaintiff
Versus
D.Malliga Defendant
DUPLICATE PLAINT FILED ON BEHALF OF THE PLAINTIFF
UNDER ORDER VII RULE 1AND SECTION 26 C.P.C
1. PLAINTIFF: V.Thulasi Slo Vasudevan aged 45 yrs, Hindu,

Residingat No.290, Sunnambukalvaistreet,
Bharathi Nagar, K.V.Kuppam Taluk, Vellore District
The address for service and process on the plaintiffs is that their
counsel E.Sivajothi B.A.,B.L., P.Rudheresh Khantham B.Com., L.L.B.,
Vellore District, office at No.9, Vasantham Nagar Extn, Phase-ll,
Sathuvachari,Vellore-9
2. DEFENDANT: D.Malliga W/oThiru J.Dhakshinamurthy age NOT

KNOWN,residing at Tamil Nadu Housing Board,
Phase-V, Sathuvachari, Vellore -9
The address for service and notice on the defendant is the same as
stated above.
3. The Plaintiff humbly submits that the plaintiff and the defendant are
relatives.The Defendant approached plaintiffto sellhis property, a vacant
house site situated at No.109 K.V.Kuppam village, DryS.No.225/1B ,East
West 27 feet. North South 60 feet, total 1620 sq feet .since the plaintiff was
also looking for a permanent place to continue his scrap business the
defendant after getting consent from his family members the plaintiff and
the defendant entered in to oral agreement in the year 2014 fixing the sale
consideration for Rs.3,00,000/- for the schedule mentioned suit property.

4. The plaintiff submits that since the defendant
being his close relative, he
trusted the defendant, and paid advance amount of
Rs.25,000/-in cash and
the defendant also handed over the suit property on
the same day itself
which is acknowledged by the defendant, for which the plaintiff also
put up
shed to run his scrap business. From there on the plaintiff
was allowed to
continue his scrap business without any hindrance till date.
5. The plaintiff submits that, Since the plaintiff
and the defendants are
relatives, the defendant also agreed to receive the balance amount in
installments..Again the plaintiff approached the defendant calling for his

bank details to transfer the balance amount. The defendant after
several
demands and requests only on 17/02/2016 gave his bank account details
for which the plaintiff transferred Rs.1,75,000/-through his bank account to
defendant, which was also received by the defendant. The defendant also
promised to register the agreement within few months.
6. The plaintiff submits that on 18/11/2021 the defendant executed the
unregistered sale agreement to the plaintiff after receiving the sum of

Rs.50,000/- in cash. Hence the defendant received a sum of Rs.2,50,000/
in total, and also promised to execute the sale deed after
receiving the
balance sale consideration of Rs.50,000/- within a period of 3months.lhogh
-3
7. The plaintiff submits that he is Always ready and willing to perform his part
of contract by paying the balance sale consideration. But the defendant is
not willing to execute the sale deed since property value has been
increased the defendant wants to retain the property, by not performing his
part of contract and also taking steps to alienate the suit property.
8. The plaintiff submits that he was shocked to receive the Lawyer notce
dated 05/01/2022 ,the said notice reveals the cooked up stories of rental
Plaintiff
payment. There is no such landlord tenant relationship existed.
between the plaintiff and
has not paid rent or any lease agreement entered
defendant. No Voucher or bills produced by the defendant.
itself the defendant handed over the
9. The plaintiff submits in the year 2014
and possession of the suit
vacant site. The plaintiff is in enjoyment
years by paying the major
property without any hindrance for the past 7
Defendant after receiving payments,
portion of sale consideration. The
now evading to execute the sale
deed ,instead through legal notice trying
relationship. There is no such existence of
to elucidate as landlord tenant
plaintiff and defendant at any
landlord tenancy relationship between the
agreement arrived between plaintiff and
point of time. There is no rental
the sale agreement dated
defendant at any point of time except
18/11/2021.
-6
SCHEDULE OF PROPERTY
office within
Vellore Dt, ,K.V.Kuppam Gudiyatham, Sub Registrar
Kizhvaithyanankuppam village,
the jurisdiction of Katpadi sub registration,
6.00paise vacant
patta land, village sarkar Dry S.No.225 B,3.00 cent kist
N.D.Mani house on the
site bounded by the house of govindasathi and
vacant house site, east
east, Road on the west, in between land situated
Pathway
west 27 feet,North south 60 feet totally1620 sg feet. There is also
to this land within the limit of Kizhvaithyanankuppam village.
1] Advocate for plaintiff Plaintiff
facts are true to the best

I, the plaintiff do hereby declare that the above
Vellore on 27-4-22
of my knowledge and belief that Isign this verification at
Plaintiff
PARTICULARS OF VALUATION
and for permanent injunction

The plaintiff files the suit for specificperformance
:Rs.3,00,000.00/
Value of the suit property
:Rs. 9,000.00/
C.F.Paid UISec.42
:Rs. 1,000.00/
Permanent Injunction
:Rs. 30.50/
Court Fee paid u/sec 27 ©
:Rs. 3,01,000.00/
Total Value of Suit
:Rs .9,030.50/
TotalC.F Paid U/Sec.42(a) &250 TNCF Act
-7
LIST OF
DOCUMENTS FILED UNDER VIIRULE 141) C.P.C
1. 18/11/2021 -original unregistered sale deed
2. 05/01/2022 -Copy of fbeomort
Lawyer's notice issued to Plaintift
3.11/02/2022 -Copy of reply notice issued to defendant
4. 12/02I2022 -
Acknowledgement card
LIST OF DOCUMENTS FILED UNDER VII RULE 14(A C.P.C
NIL At Present
Advocate For Plaintiff Plaintiff
STATEMENT FURNISHED UNDER ORDER VI RULE 149(A) CPC

PLAINTIFF: V.ThulasiS/o Vasudevan aged 45yrs, Hindu,
Residing at No.290, Sunnambukalvai street,
BharathiNagar,K.V.Kuppam Taluk, Vellore District
The address for service and process on the plaintiffs is that their
counsel E.Sivajothi B.A.,B.L., P.Rudheresh Khantham B.Com.,L.LB.
Vellore District, office at No.9, Vasantham Nagar Extn, Phase-lI,
Sathuvachari, Vellore-9
DEFENDANT:- D. Malliga W/oThiru J.Dhakshinamurthy aged yrs,
residing at Tamil Nadu Housing Board, Phase-V,
Sathuvachari, Vellore -9
The address for service and notice on the defendant is the same as
stated above.
Advocate for plaintiff Plaintiff
I, the plaintiff do hereby declare that the above facts are true to the best of my
knowledge and belief that Isign this verification at Vellore on 27 4 .22

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Sub-Suclse

IN THE COURT OF DISTReT MHNSF, KATPADI VELLORE DISTRICT

1. PLAINTIFF: V.Thulasi Slo Vasudevan aged 45 yrs, Hindu,

2. DEFENDANT: D.Malliga W/oThiru J.Dhakshinamurthy age NOT

consideration for Rs.3,00,000/- for the schedule mentioned suit property.

installments..Again the plaintiff approached the defendant calling for his

unregistered sale agreement to the plaintiff after receiving the sum of

1] Advocate for plaintiff Plaintiff

facts are true to the best

and for permanent injunction

Advocate For Plaintiff Plaintiff

STATEMENT FURNISHED UNDER ORDER VI RULE 149(A) CPC

Advocate for plaintiff Plaintiff

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