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(AMENDMENT PLAINT FILED CN

BEFORE THE HONOURABLEEIl 04/06/2024)

CIVIL JUDGE AT ADDL, SENIOR
MYSURU
ORIGINAL SUIT UNDER REFERENCE
O.5.: 268 oF 2022
BETWEEN

(1) Sri. Nagesha

S/o Late. Nagappa @ Naganna,
aged about 48 years,
(2) Sri. Mahadevaswamy,
S/o Sri. Basavarajappa,
aged about 38 years,
Both are resident of
Daripura Village,
Jayapura Hobli,
Mysuru Taluk - 570 008 .PLAINTIFFS
AND
1, Sri. Anwar
S/o Late. Mohammad Peer
aged about 58 years,

2. Srí. Munavar Pasha @ Munna

Since dead by LRS

(a) Smt. Famida

W/o Late. Munavr Pasha @ Munna,
Aged about 40 Years,

(b) Sri.Sohaii
S/o Late. Late.Munavr Pasha @Munna,
Aged about 22 Years,
(c) Sri.Shaid
S/o Late Late.Munavr Pasha@Munna,
Aged about 20 Years,
(d) Sri.Apnal
S/o Late. Late.Munayr Pasha @ Munna,
Aged about 20 Years,
Residing at
Al (Defendant No: 2 (a) to(d)are
Doddakataru Village,
Jayapura Hobali,
Mysuru-570008.
3. Sri.
Javeed Pasha
S/o Sri. Anwar
aged about 30years,
All are residing at
Doddakatoor Village,
Jayapura Hobli,
Mysuru Taluk, 570 008 S*..DEFENDANTS

PLAINT FILED UNDE

RULE i OF CODE OFSECTION 26 R/VW ORDER VII
CIVIL PROoCEDURE, 1908.

THE PLAINTIFFS SUBMIT AS HEREUNDER:

01. The address of the plaintiffs for the purpose of the
Plaint
as well as any Other Notices
through the Honorable Court
is that of their
Advocates SRI. P.L. RAJESH, SRI. D.C.
ANANTHAKUMAR, SRI. K.A. POOVANNA, SRI K.N.
VISHWACHETHAN, SRI KALASWAMY, SRI S. PREM
KUMAR & SRI DINESHA For P LR LAW
CHAMBERS,
office at #77, Chiguru, Wild Grass
Layout, Behind
Heritage Club, 'C Block, Vijayanagara 3rd Stage,
Mysuru
- 570 030.

02. For similar purpose, including for

the service of summons,
the address of the Defendants is as mentioned in the
cause title,

03. Based on the Agreement to Sell without possession dated

05.05.2016 the Defendants have agreed to sell the Plaint
schedule property in the name and favour of the Plaintiffs
against the receint of a sale price of Rs. 19,80,000.00
(Rupees Nineteen Lakh Eighty Thousand Only) and in
furtherance of the same, the
Defendants have
an advance of Rs. 10,00,000.00 received
(Rupees Ten Lakh Only)
from the Plaintiffs. In the said manner the Defendants
have received lion's share of the
consideration
The salient feature of the Agreement to
amount.
Sell is mentioned
as hereunder:

a. The Defendants have agreed to receive the balance

sale consideration of a sum of
Rs.9,80,000.00 (Rupees
Nine Lakh Eighty Thousarnd Only) at the time of
executing the Deed of Sale in culmination of the
Aareement to Sell, only after the Defendants be
succeeded in securing all the documents relating to the
Plaint Schedule Property.

b. The Plaintiffs have agreed to bear with the stamp duty

and charges of registration.

to qet
C. The condition was imposed on the Defendants
of
all the requisite documents for the purpose
to be
Registration - there after the Deed of Sale
culminated within one month.
capacity to execute
d. The Defendants have the required
property in question - as
the deed with respect to the
Defendant No: 1,
it was the property of the
It was agreed that the relief of Specific Performance of
e.
both sets of the parties -
the contract was available to
Defendants.
0.e., the Plaintiffs as wellas the
f. The Defendants have declared that the property was
free from any encumbrance.
g. The defendants have agreed to hand over the
possession of the property to the Plaintiffs at the time
of execution of the deed of sale.
h. On the date of agreement itself the Plaintiffs have

claimed that they were ready and willing to perform

their part of the contract.
04. Ever since the inception of the Sacred Agreenment to Sell,
the Plaintiffs have reminded the Defendants of their

obligation, while assuring the Defendants that Plaintiffs

are always ready & willing as usual to undertake their
(Plaintiffs') part of the obligation, i.e., they are ready to
pay the balance consideration amount.
05. It is relevant to note that on 26,12.2013 it-self
there was
an agreement to sellI by the Defendants in the name and
favour of the Plaintiffs. Since the Defendants did not

agree to execute the deed of sale based on the said

agreement dated: 26.12.2013 as they raised dispute with

respect to the sale consideration amount and wanted to

have fresh bargain, the Agreement dated: 05.05.2016

came into force, of course after cancellation of the
agreement to sell dated: 26.12.2013. It is not out of

place to mention that by then the Plaintiffs have to

choose between the devil and the deep sea as their
investment was under stake. Under such circumstance

tne present Aareement to Sell dated: 05.05.2016 came

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into being wherein the Sale

consideration has been
escalated at higher rates in
excess to the then
market rates. Since the Plaintiffs
prevailing
were ready and willing
to perform their part of the
obligation ever since the
Aareement to sell dated: 26.1Z.2013, and even after the
Agreement to sell dated: 05.05.2016, there was a specific
assurance from the side of the
defendants that there shall
not be any deviation from the holistic Agreement to Sell

dated: 05.05.2016.

06. The Defendants have taken eternal time to get the

documents related to land acquisition of an extent of 15

Guntas, so that phode will be made to the remaining
extent. Since the Defendants are not showing much

interest in doing the job, and citing one or the other

things, the Plaintiffs have made it clear that they are

ready to undertake that task if suitable Power of Attorney

is executed in the said regard, as the Plaintiffs are at the
losing ends due to the heavy investments that they have
made upon the Schedule Land. Defendants have neither

made efforts to gather documents to culminate the sale

deed nor executed a power of attorney clearly reflects
their mind set to get enrichment due the advance amount
that is being with them, but to no avail to the Plaintiffs till
now.

07. During the mniddle of December 2020, the Plaintiffs have

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ant in favour of a third person in
defiance of tha
with the
contract Plaintiffs. It was thus obvious that
the
Dofendants poSSes mind set to breach the
contract.
Under such
circumstances the Plaintiffs have decided to
issue legal notice calling for the
specific performance of
Contract.

0R The Plaintiffs nave made all their attempts to reach the

culmination of the Contractual Agreement in the
Deed of
Sale throughout these
years; but all their attempts went
in vein. Under Such
circumstance, the plaintiffs were left
with no option but to opt for the
issuance of the legal
notice dated: 02.01.2021 calling for the Defendants to act
within 15 days of receipt of the
Notice, as hereunder:
a. Stipulate the date,
time and place to execute the
sale
deed at which place and point of
time, the Plaintiffs
will seCure the sale deed at their
cost.
b. In case the
Defendants were to fail, asuit for Specific
Performance will invite the Defendants to the court of
law to answer the claims of the Plaintiffs.
In that
event the cost and inconvenience are to be borne by
the Defendants.

09. Soon after the receipt of the legal notice dated:

02.01.2021, there was an unsustainable reply from the

Side of the Defendants through their counsel which was
11Ot only amenable to reasons but unheard of the
propositions under the Law known. On approaching the
till
personally, they orally sought for time
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Sankranti festival of 2022. lhough the

ready and willing to wait till Plaintiffs were not
Januay 2022. they were left
without any alternative but tO file
suit. To avoid
litigation which could stretCh beyond
times. and to give a
final opportunity to the
Defendants, the Plaintiffs have
agreed for the request.
10. During the
Sankranti festival this year, the Plaintiffs have
approached the Defendants wh0 were not
reachable.
After exhausting all the modes of
reaching the
defendants, the Plaintiffs attempted to meet the
Defendants in person. In a shocking revelation the
Plaintiffs came to know about clandestine mindset of the
defendants who wanted to defraud the legitimate rights
of the Plaintiffs in and upon the Plaint
Schedule Property
based on the Agreement to Sell dated: 05.05.2016. The
situation which is still prevalent is extremely emergent as
the defendants are hell bent upon to sell the
property in
question to nullify the rights of the Plaintiffs.
11. In spite of repeated request from the
Plaintiffs, the
Defendants have failed to adhere to the terms and

conditions of agreement to sell. On the one hand the

Defendants have received a major part of consideration

and on the other hand they were not coming forward to
execute the deed of sale as intended by the Plaintiffs and
the Defendants at the time of entering into the
sacred
Agreement to Sell. The upward trajectory of the real
estate has shut all the windows that were open to the
Plaintiffs at the time of ontoring the Ágreement to Sell.

The only relief that could reasonably do justiCe Is tne

specifiC performance of contract and not otherwise.
12. Though at the time of entering into an Agreement to Sell

during the year 2015 there were manv alternative choICes

of properties were available to the Plaintiffs, as of
now
due to inflation and rise in the value of the real
estate has
blocked all avenues as such the relief of Specific
Performance of the Contract is the only relief that
could
do justice to the Plaintiffs who have been a
víctim of the
conspiracy hatched by the Defendants. It is further

relevant to note that the Plaintiffs were always ready and

willing to perform their part of the contractual obligation,
starting from the days of the Original Agreement to Sell
the Plaint Schedule Property till this day and on all future
dates for the fulfillment of the contractual obligation. In

the absence of the relief of Specific Performance of the

Contract, the Plaintiffs will immensely suffer for 'No fault
of theirs' at the hands of the Defendants.

13. Now that the Defendants are NOT coming forward to

execute the deed of sale, coining one or the other

reasons, which are not tenable. It is relevant to note

that, the Plaintiffs are ready to willing to perform their

of the
part of the obligation since the inception
Agreement to sell dated: 05.05.2016.
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14. The Plaintiff submits that

he is
the relief of specific entitled under law to coin
performance of the Agreement to Sell
dated: 05.05.2016 against the Defendants.
15. The Cause of action to
file the suit arose on
05.05.2016
when the Plaintiffs and Defendants have
entered into an
Agreenment to Sell
pertaining to the Plaint Schedule
Property, subsequently on 02.01.2021 when the Plaintiffs
issued legal notice, and subsequently on all days of
negotiation, till the date of presentation of the Plaint on
this Day before the Temple of Justice.
16. The Plaint Schedule Property situated within the limits of
the Mysuru and the Defendants are also the residents of
Mysuru District & the Plaint Schedule Land has been
evaluated in excess of Rs. 5,00,000.00 (Rupees Five Lakh

Only) hence, within the territorial as well as pecuniary

jurisdiction of this Honorable Court.

17. For the purpose of Court Fee and Jurisdiction, the suit is
valued as made mention of in the Valuation Slip
appended to the Plaint. The Valuation offered and the

Court Fee paid is adequate, hence capable of fetching the

required remedy.

18. The suit is in time in view of the guidelines of extension

of Limitation since 15.03.2020 as per the Order of the

Apex Court. In that view of the matter the suit is filed in

time.
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PRAYER:

WHEREFORE, the Plaintiffs pray for a Judgment and

pecree against the Defendants as hereunder:
a. For the relieY of Specific Performance of Contract as
per the terms of the Aareement to Sel! Dated
05/05/201b by directing Defendants to execute the
Registered Deed of Sale involving the Plaint Schedule
Property in the name and favour of the Plairtiffs with
a further direction to the Defendants to join in the
conveyance So as to pass on the title, and all incidents
of ownership including possession of the schedule
property to the Plaintiffs & handover all the original
documents pertaining to the Plaint Schedule Property
and in lieu of which to receive the remaining
balance
of sale price, failing which the
Honorable Court may
kindly execute the Registered Deed of Sale in the
name and faVour of the Plaintiffs in the
interest of
justice and equity.
OR

Alternatively, in the event of the Hon'ble Court

concluding that the Specific Performance of Contract is
NOT available to the
Plaintiffs, under such
Circumstance, the return of Âdvance amount aiong
with interest at 18% be ordered in the interest of
justice and equity - considering the huge increase of
real estate value.
b. For costs and other incidental reliefs.

SCHEDULE PROPERTY

Sy. No: 109/1 at Doddakatoor Viliage, Jayapuraiobi,

Mysuru Taluk, having total extent of 2 Acre 23 Guntas of Dry
Laiid out of which an extent of 0 Acre 15 Guntas is acquired to
Varuna Channel vide 1and Acquisition No: LAQCR-368/1998-99
M.R. 18/1999-2000, as Such the remaining extent of 2 Acre 08
Guntas is the subject matter of the Agreement to Sell, and the
same is bounded on:
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East By Road
West By Land Acquired to
North By Land of varuna Channel
Shiva
South By Sy No:
Tamadappa. Madappa and
109/2 Lahcd

ADVOCATE FOR THE PLAINTIFFS THE PLAINTIFFS

MYSURU
DATE: 04.06.2024

VERIFICATION
WE do swear in the name of GOD that what is stated
above at paragraphs No: 1 to 18 are all true & correct to the
best of our knowledge, belief & information, in token whereof,
& we have signed on the same at Mysuruon this Day.

THE PLAINTIFFS