Scribd
Upload
8 views

proof affidavit

Mr. Ganapathi Naidu has filed a proof affidavit in the Principal District Court of Krishnagiri against Mrs. Nanendra regarding a dispute over a property sale agreement. The plaintiff claims that he entered into an unregistered sale agreement with the defendant, paid an advance, but the defendant has since refused to execute the sale deed and is attempting to sell the property to others. The plaintiff seeks specific performance of the contract, a permanent injunction against encumbrance of the property, and other reliefs from the court.

Uploaded by

mathiadv41goffice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
8 views

proof affidavit

Mr. Ganapathi Naidu has filed a proof affidavit in the Principal District Court of Krishnagiri against Mrs. Nanendra regarding a dispute over a property sale agreement. The plaintiff claims that he entered into an unregistered sale agreement with the defendant, paid an advance, but the defendant has since refused to execute the sale deed and is attempting to sell the property to others. The plaintiff seeks specific performance of the contract, a permanent injunction against encumbrance of the property, and other reliefs from the court.

Uploaded by

mathiadv41goffice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 4

Page 1 of 4

IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE OF


KRISHNAGIRI.
O.S. No: /2024
Mr.Ganapathi Naidu . . . Plaintiff

-/ Versus /-

Mrs.Nanendra . . . Defendant
PROOF AFFIDAVIT FILED BY THE PLAINTIFF NAMELY,
GANAPATHI NAIDU:
I, Mr. Ganapathi Naidu , Son of Kesava Naidu, aged about
years, Hindu, residing at No: 384, Kamandoddi Village and post,
Shoolagiri Taluk, Krishnagiri District, do hereby solemnly
affirms and states as follows:

1. I submit that, the suit schedule mentioned property


originally belongs to the defendant by the way of registered
sale Deed Dated 24-02-2022 Vide Document No.1040/2022
SRO Shoolagiri. The Xerox copy of the 24-02-2022 Dated Sale
deed is filed herewith and the same may be read as part and
parcel of the plaint.

2. I submit that, the defendant and plaintiff entered into


unregistered sale agreement on 12-05-2022 for the schedule
mentioned property for the defendant urgent family expenses
and debts and to decided to sell the schedule mentioned
property for a valuable sale consideration of Rs. 25,00,000/-
[ Rupees Twenty Five Lakhs only] and the plaintiff paid a sum
of Rs. 20,00,000/- [Rupees Twenty Lakhs only] as advance over
the total sale consideration on the same day, when the sale
Page 2 of 4

agreement executed and the plaintiff have to pay the balance


sale consideration Rs.5,00,000/- [Rupees Five Lakhs only]
within two years from the day of execution of sale agreement.
The 14-03-2024 Dated Original Sale agreement is filed herewith
and the same may be read as part and parcel of the plaint.

3. I submit that, after 6 months from the sale agreement,


the plaintiff approached the defendant with balance sale
consideration to execute the sale deed for the schedule
mentioned property, because the defendant’s family personal
issues, the defendant request some time to execute sale deed
in favor of plaintiff. The plaintiff also accepted the defendant
request because; the plaintiff and defendant are brother and
Sister by birth.

4. I submit that, the plaintiff believed defendant words of


assurance and then, after the one year, the plaintiff approached
defendant to execute the sale deed after receiving the balance
sale consideration, but the defendant refused to execute the
sale deed and tried to sale the schedule mentioned property to
some other third persons for higher rate and veiled the fact
that, the defendant already entered into sale agreement with
the plaintiff for the schedule mentioned property. The
defendant committed breach of contract.

5. I submit that, the plaintiff is always ready and willing to


perform his part of contract get the sale deed registered at his
expenses after making payment of the balance of sale
consideration of Rs. 5,00,00-00 (Rupees Five Lakhs only) from
the date of sale agreement itself. But, the defendant has one
Page 3 of 4

pretext or other evaded to take necessary steps to perform his


part of contract with the reason best known to the defendant.
At the same time, the plaintiff reliably learned and believed to
be true that the defendant is trying to create another sham and
nominal encumbrance over the notice mentioned property
colluding with his relatives and third parties.

6. I submit that, the plaintiff always ready and willing to


execute the sale deed after the paying the balance sale
consideration to the defendant, but the defendant refused to
execute the sale deed in favor of plaintiff with malice intention.

7. I submit that, due to the above said reasons, on 14-03-


2024 the plaintiff issued a lawyer’s notice to the defendant and
called upon him to fix a day and time to execute the sale deed
at his expenses. The defendant refused the legal notice on 19-
03-2024 and come forward to perform his part of contract get
the sale deed. The 14-03-2024 dated office copy of the
lawyer’s notice postal receipt and 19-03-2024 dated Refused
postal cover are filed herewith and the same may be read as
part and parcel of the plaint.

It is therefore prays that this Honorable Court may be


pleased to pass a Judgment and Decree; a) For specific
performance of contract directing the defendant to execute the
sale deed by a date fixed at the plaintiff’s expenses; after the
receipt of balance sale consideration of Rs. 5,00,000-00
(Rupees Five Lakhs only); failing which, this Honorable Court
may be pleased execute the sale deed on behalf of the
defendant and also deliver the possession of the suit property
through due process of law; b) Granting an order of permanent
Page 4 of 4

injunction not to encumbrance suit schedule property by the


defendant, and his agent, servants, his successor in interest,
heirs and legal representatives from any manner creating any
sort of encumbrance over the schedule mentioned property till
the final disposal of the suit; Or in the alternative directing the
defendant to pay a sum of Rs. 20,00,000-00 [Rupees Twenty
Lakhs Only] together with cost and future interest at the rate of
24% per annum from the date of the plaint to till the date of
final payment and make it a charge on the suit property c)
directing the defendant to pay the plaintiff the costs of this suit
and other ancillary proceedings, d) Grant such further or other
relief’s as this Honorable Court may deed fit, proper, just and
necessary.

Solemnly affirmed at Hosur on this 25th day of March, 2024

Advocate, Hosur.

You might also like