IN THE COURT OF CIVIL JUDGE JUDGE (JD) AT

PAVAGADA

O.S.No. /2010

BETWEEN:

Smt. Varalakshmamma, W/o Nagendra,

Aged about 39 years,
Venkatapura grama,
Kasaba Hobli, Pavagada Taluk
Tumkur District …. PLAINTIFF

AND :

Sri. Shivaiah
s/o Late Sadashivaiah, Major by age,
Resident of Venkatapura grama
Kasaba Hobli,
Pavagada Taluk, Tumkur District

…. DEFENDANT

PLAINT UNDER ORDER VII RULE 1 READWITH SECTION 26

OF THE CODE OF CIVIL PROCEDURE, 1908.

The Plaintiffs in the above case most respectfully submit, as follows :

1. That, the address of the Plaintiffs for the purpose of service of

summons, notices, etc., from this Hon’ble Court is as set out in
the cause- title. The Plaintiffs may also be served through their
Counsels, Sridhara babu N, Raghavendra. Y, Advocates, Legal
Documentations, G.K. Road, Tumkur.

2. The Addresses of the Defendant for the said purpose is as stated

in the cause -title.

3. The Plaintiffs submit, that after due verification of the title of

suit schedule property, the Plaintiff made sale agreement with
defendant to purchase the suit schedule property. The copy of
 the Sale agreement Deed dated 20-04-2009 is produced
herewith for the kind perusal of this Hon’ble Court.

4. The Plaintiffs further submit, that, the land agreed to be sold is

for Rupees 30,000-00, and the advance amount of Rs 20,000-00
was paid before witness to the sale agreement. The balance of
Rs 10,000-00 remained to be paid.

5. The Plaintiffs further submits, that the defendant is dragging the

matter from june 2009 un-necessarily and plaintiff approached
several times and defendant not co-operated with the matter.
Finally plaintiff issued legal notice on 18-03-2010 conveying
plaintiffs readiness to comply with his part of work and
summoned on 02-04-2010 to sub-registrar office for receiving
balance consideration and for executing sale deed. Plaintiff
received the notice on 22-03-2010 and remained absent on 02-
04-2010 hence this suit for specific performance.

6. The cause of action for the suit arose on 20-04-2009 and

subsequently on 22-03-2010 & 02-04-2010 which is within
the jurisdiction of this Hon’ble Court.

7. A fixed Court fee is paid on the Plaint as per Section 40(a) of

the Karnataka Court Fee and Suit Valuation Act, 1958. A
separate Valuation slip is filed alongwith this Plaint.

8. The Plaintiff further submit, that, they have not filed any other
Suit, Petition or application, initiating any other proceedings
before any Court or Authority in respect of the subject matter
against the Defendants seeking the same relief sought in this
Suit. The Plaintiff submit, that, they have no other alternative,
effective or adequate remedy otherwise than by means of filing
this Suit. No proceedings is pending before any other Court on
same cause of action.
 9. The Plaintiff further submits that, the documents as per separate
list is produced for kind perusal of Hon’ble Court.

WHEREFORE, in the above facts and circumstances of the case, the

Plaintiffs most respectfully pray that, this Hon’ble Court may be pleased to PASS
A JUDGEMENT AND DECREE against the Defendant herein for the following
relief/s:

i) FOR DIRECTING, the Defendant, to execute sale deed of suit

schedule property by receiving balance consideration, and hand over
possession of suit schedule property to plaintiff.

iii) TO GRANT, cost and such other relief or reliefs as this Hon’ble Court
deems fit to grant in the facts and circumstances of the case, in the
interest of justice and equity.

SCHEDULE PROPERTY

All that, piece and parcel of the Immovable site Property situated at
Tumkur District, Pavagada Taluk, Kasaba Hobli, Venkatapura Grama,
bearing Survey No. 555 measuring 0 Acres 05 Guntas and bounded on:
EAST BY : Defendant’s Remaining Property,
WEST BY : Eshwarappa’s Property,
NORTH BY : Road,
SOUTH BY : Somashekar Reddy’s property.

ADVOCATE FOR PLAINTIFFs PLAINTIFFs

V E R I F I C A T I O N.

I Varalakshmamma the Plaintiffs hereby declares that, what is stated in

the above paras at 1 to 9 of the Plaint are true and correct to the best of our
knowledge, information and belief.

PLACE : PAVAGADA
DATED: PLAINTIFF
 IN THE COURT OF CIVIL JUDGE JUDGE (JD) AT
PAVAGADA

O.S.No. /2010

BETWEEN:
Varalakshmamma … PLAINTIFFs
AND :
SHIVAIAH … DEFENDANT

PLAINT VERIFYING AFFIDAVIT

I, VARALAKSHMAMMA W/O NAGENDRA, aged about 39

years, residing at Venkatapura grama, Kasaba Hobli, Pavagada Taluk
Tumkur District do hereby solemnly affirm and state on oath as
follows :

1. I submit that, I am the Plaintiff in the above case. I am well

conversant with the facts of the case. Hence, I am swearing to the
contents of this affidavit on my behalf .

2. I submit that, today I have filed the above Suit for Specific
performance, against the Defendant. Further, I submit, that, the
averments made in the Plaint may kindly be read as part and parcel of
this affidavit in order to avoid repetition of facts.

3. I submit that, the averments made in para 1 to 9 of the

accompanying Plaint are true and correct to the best of my knowledge,
information and belief.

4. I submit that, the Documents produced in the Plaint are XEROX

copies of the Original.

I, the deponent herein, do hereby declare that this is our name,

signature and that the contents of this affidavit are true and correct to
the best of our knowledge, information and belief.

PLACE : PAVAGADA
DATED : .

Identified by me,
DEPONENT

Advocate,
 IN THE COURT OF CIVIL JUDGE JUDGE (JD) AT
PAVAGADA

O.S.No. /2010

BETWEEN:
Varalakshmamma … PLAINTIFFs
AND :
SHIVAIAH … DEFENDANT

INDEX

SL.No. DESCRIPTION NO OF PAGES

1. MEMORANDUM OF PLAINT UNDER

ORDER 7 RULE 1 OF THE CODE
OF CIVIL PROCEDURE, 1908 TWO SETS

2. VERIFYING AFFIDAVIT

3. VALUATION SLIP

4. VAKALATH

5. LIST WITH COPIES OF DOCUMENTS

6. PROCESS MEMO ALONG WITH

ONE SET SPARE COPIES OF PLAINT,
AND LIST OF DOCUMENTS

PLACE: PAVAGADA
DATED: ADVOCATE FOR PLAINTIFF
 IN THE COURT OF CIVIL JUDGE JUDGE (JD) AT
PAVAGADA

O.S.No. /2010

BETWEEN:
Varalakshmamma … PLAINTIFFs
AND :
SHIVAIAH … DEFENDANT

VALUATION SLIP

UNDER SECTION 40 (a) OF THE KARNATAKA COURT FEE

AND SUITS VALUATION ACT, 1958:

The Plaintiff above named values the above suit as follows:

1. The relief of Permanent Injunction is valued under

Section 40 (a) of the Karnataka Court Fee and Suits
Valuation Act and relief specific performance is Valued at
Rs.30,000/- and an ad volerm Court Fee of Rs.1500/-
payable on the Plaint.

2. The total Court Fee payable is Rs.1500/- which is

paid on the Plaint for the purpose of jurisdiction of this
Hon’ble Court.

PLACE: PAVAGADA
DATED: ADVOCATE FOR PLAINTIFF
 IN THE COURT OF CIVIL JUDGE JUDGE (JD) AT
PAVAGADA

O.S.No. /2010

BETWEEN:
Varalakshmamma … PLAINTIFFs
AND :
SHIVAIAH … DEFENDANT

LIST OF DOCUMENTS

Anne Description
xure
A

PLACE : PAVAGADA.
DATED : ADVOCATE FOR PLAINTIFF