BEFORE THE SUBORDINATE JUDGE, KARUR O.S. No. R. Sakthivel, S/o Late Rangasamy Gounder, . !laintiff "s #. ".$.

Sivasu%ramani, S/o ". $alia&&an 2. ". $alia&&an, S/o Late "eera&&a Gounder, 3. 'rs. Nalammal, (/o ". $alia&&an ). *amil Nadu 'er+antile ,ank Ltd., No. -0./, !udhu *heru, Su&ra *o0ers, $arur Re&. %y . of 2003

. 1efendants

PLAINT UNDER ORDER VII RULE 1 OF CODE OF CIVIL PROCEDURE *he &laintiff a%ove named %egs to state as follo0s2. #. *he &laintiff is R. Sakthivel, S/o Late Rangasamy Gounder, 3indu, aged a%out . years, residing at

*he address for servi+e of all noti+es and &ro+esses on the &laintiff is that of his 4ounsel ...

2. *he #st defendant is ".$. Sivasu%ramani, son of ". $alia&&an, 3indu, age a%out ..years , residing at ..

*he 2nd defendant is ". $alia&&an, son of late "eera&&a Gounder, 3indu, aged a%out years, residing at ..

*he 3rd defendant is 'rs. Nalammal, 0ife of ". $alia&&an, 3indu, aged a%out years, residing at

*he )th defendant is *he *amil Nadu 'er+antile ,ank Ltd., re&resented %y its *o0ers, $arur. , having offi+e at No. -0./, !udhu *heru, Su&ra

*he address for servi+e of all noti+es and &ro+esses on the a%ove named defendants is the same as stated a%ove. 3. *he &laintiff is the o0ner of the suit s+hedule mentioned &ro&erty having &ur+hased the same on 02/05/#665 vide 1o+ument dated *he

defendants # to 3 are the vendors, 0ho had sold the &ro&erty. *he defendants # to 3 No have &ur+hased the said &ro&erty on #2/0-/#662 vide 1o+ument

.registered on the file of the Su%.Registrar,

*he &laintiff had &aid a sum of Rs.72,700/. in the follo0ing manner2 8#9 Rs. 3),55:/. 0as &aid in li;uidation of the lia%ility of the defendants #. 3 %orro0ed from Sri 1hanam <arns. 829 Rs.#5,522/. to0ards li;uidation of the outstanding amount %orro0ed %y the 1efendants # to 3 from the &laintiff. =n lieu of the a%ove +onsideration, the defendants # to 3 e>e+uted a registered deed of sale as des+ri%ed hereina%ove and handed over the &ossession of the &ro&erty and the &laintiff is in &ea+eful &ossession and o++u&ation of the said &ro&erty, as of today. =t 0as also re&resented to the &laintiff that there is no

en+um%ran+e in res&e+t of the &ro&erty and the en+um%ran+e +ertifi+ate also reveals that there is nil en+um%ran+e. 3o0ever, in the said Sale 1eed, it 0as

mentioned that the defendants # to 3 have %orro0ed +ertain amounts from the ) th defendant and have handed over 1o+ument =./.No.20--/#662 dated #2/0-/#662 to the )th defendant. On several o++asions, the &laintiff a&&roa+hed the ) th defendant re;uesting them to hand over the 1o+ument No. 20--/62, %ut the ) th defendant failed and negle+ted to do so.

). =n the meantime, on 2#/0:/2003, the &laintiff +ame to kno0 that the ) th defendant has o%tained +ertain de+rees against the defendants # to 3 from the 1e%t Re+overy *ri%unal.=, 4hennai and have &ro+eeded to %ring the &ro&erty for sale. *he &laintiff +ame to kno0 of the same only 0hen +ertain &ersons sought to ins&e+t the &ro&erty. *he market value of the &ro&erty in the year #665 0as at Rs Rs .. . and the guideline value fi>ed %y the Government 0as at *he &laintiff is ready and 0illing to &ay that amount to the . *he &laintiff is sole and a%solute o0ner of the

)th defendant to %uy

&ro&erty he having &ur+hased the same %y a Registered 1eed of Sale as des+ri%ed hereina%ove. ).8a9. *he &laintiff states that the defendants #.2 have also not informed the &laintiff a%out the &enden+y of any &ro+eedings %et0een the ) th defendant and themselves %efore any ?orum. 7. *he &laintiff is filing the &resent suit for a de+laration that the &laintiff is the a%solute o0ner of the &ro&erty morefully des+ri%ed in the s+hedule hereunder. *he a+tion of the )th defendant is not valid and %inding on the &laintiff or any &erson and the &laintiff is a %onafide &ur+haser for +onsideration. ?urther, the

en+um%ran+e +ertifi+ate +learly dis+loses that there is no en+um%ran+e over the &ro&erty and the defendants # to 3 have also stated so in the sale deed e>e+uted in favour of the &laintiff. *he a+tion of the ) th defendant in attem&ting to sell the

&ro&erty to some third &ersons is illegal and +ontrary to the terms of the registered deed of sale e>e+uted in favour of the &laintiff. -.*he +ause of a+tion for the suit arose 0ithin the @urisdi+tion of this 3onA%le 4ourt on 02/05/#665, 0hen the &laintiff &ur+hased the &ro&erty from the defendants # to 3, 0hen the &laintiff dis+harged the lia%ility of the defendants # to 3, on to0ards the loan o%tained %y them from Sri 1hanam <arns and on

various dates 0hen Rs.#5,522/. 0as advan+ed %y the &laintiff in favour of the defendants # to 3 on 2#/0:/2003, 0hen the &laintiff +ame to kno0 that the ) th defendant 0as attem&ting to alienate the &ro&erty and also interferes 0ith the &ossession and en@oyment of the &laintiff.

5. *he &laintiff for the &ur&ose of 4ourt ?ees and @urisdi+tion values Relief 8a9 at Rs of Rs the *amil Nadu , and &ays a +ourt fee of Rs. 4ourt ?ees and Suit "aluation ..under Se+tion 258+9 /+t, Relief 8%9 at

. and &ays a +ourt fee of Rs.

.under Se+tion 258+9 of

the *amil Nadu 4ourt ?ees and Suit "aluation /+t *he !laintiff &rays for a de+ree and @udgment against the defendants2.

a9

for a de+laration that the &laintiff is a sole and a%solute o0ner of the suit s+hedule mentioned &ro&ertyB

%9

for a &ermanent in@un+tion restraining the defendants, their men, servants, agents, &ersons or &ersons +laiming through or under them

from in any manner 0hatsoever interfering 0ith the &ea+eful &ossession and en@oyment of the &laintiff over the suit s+hedule mentioned &ro&ertyB +9 d9 for +ostsB and &ass su+h further or other reliefs as this 3onoura%le 4ourt may deem fit and &ro&er in the fa+ts and +ir+umstan+es of this +ase and thus render @usti+e. 1ated at the . this the .. day of /ugust, 2003

!L/=N*=??

4OCNSDL ?OR !L/=N*=??

VERIFICATION =, R. Sakthivel, the &laintiff herein, do here%y verify and state that 0hat is stated a%ove in &aragra&hs # to 5 are true to the %est of my kno0ledge, information and %elief and = %elieve the same to %e true.

"erified at 'adras this the

..day of /ugust, 2003 !L/=N*=??