IN THE COURT OF THE HONORABLE SUBORDINATE JUDGE,
ERODE
O.S. NO: 885 OF 2017
Murugan ….. Plaintiff
VS
[Link]
[Link] Esthar
[Link] Epsipa
[Link] Earnaspaul ….. Defendants
(Minors are rep. by guardian father Moorthy)
WRITTEN ARGUMENTS SUBMITTED BY THE PLAINTIFF
1. Case of the Plaintiff:
A) The defendants are the owner of suit property. The defendant no.1
offered to sell the same and plaintiff evinced interest in purchasing the
same. After deliberations, a consensus came into existence and an
agreement of sale dated 09.02.2015 came to be entered between
defendant no.1 (and on behalf of defendant’s no.2, 3, &4 rep. by
guardian father moorthy defendant no.1) and plaintiff and the same
duly registered as Document No: 259 of 2015, Sivagiri SRO. The salient
aspects of the said agreement are culled out hereunder:
a. Date of agreement 09.02.2015
b. Total consideration Rs.2,00,000/-
c. Advance paid Rs.1,50,000/-
d. Balance consideration Rs.50,000/-
e. Time for completion of sale within 10.02.2018 (three year
from the date of agreement)
B) A time frame of 3 years was agreed as the defendants needed time
to vacate the house and handover possession to plaintiff. The plaintiff
also agreed for the same and was only hoping that the defendants
would take necessary steps for vacating the property subjected to the
agreement.
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C) The plaintiff emphatically asserts his readiness and willingness to
purchase the property in terms with the agreement. The plaintiff
had been expressing his readiness and had been calling the
defendants to receive the balance sale consideration, convey the
property and put the plaintiff in peaceful possession of the same.
The defendants have been dilly-dallying the matter and evasive.
The plaintiff cannot be left in lurch and be expected to be running
behind defendants all the time. Having received more than 75% of
the sale consideration, it is just and apt you diligently follow up the
matter and conduct with alacrity. The defendants slackness in this
regard is highly questionable.
D) The plaintiff finally caused issuance of notice to the defendants
through his counsel inter alia alleging the facts and also called upon
the defendants to receive the balance sale consideration and
convey the property in terms of the agreement and put the plaintiff
in possession thereof. The notice dated 25.10.2017 was received by
the defendants on 26.10.2017.
E) The defendant send a reply notice through his counsel on 3.11.2017
by denying all the facts that he borrowed a sum of Rs.50,000/- from
the plaintiff. The defendant executed only mortgaged deed infavour
of plaintiff. In the said notice the defendant said that he mortgaged
the settlement deed and patta in Canare Bank for loan amount. The
plaintiff submits that at the time of registering the sale agreement
itself the defendant no.1 handover the original settlement deed and
patta to the plaintiff.
F) With no other alternative, the plaintiff is constrained to file this suit
seeking specific performance of the agreement and other reliefs.
The office copy of the legal notice, postal receipt and served
acknowledgement card and reply notice send by defendant are filed
herewith as plaint documents 2, 3, 4&5.
G) The plaintiff most respectfully states that he has always been ready
and willing to purchase the suit property in terms with the suit
agreement, continues to be ready and willing with balance sale
consideration.
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H) The plaintiff is ready to deposit the balance sale consideration of
Rs.50,000/- before this Honourable court. The defendantshas no
justification in refusing to comply with the terms of the agreement.
The plaintiff once again at the risk of repetition states that he was,
is and will always continue to be ready and willing to take a
conveyance in terms of the agreement. The plaintiff has enough
resources at his disposal of defray the necessary stamp duty and
registration duty.
CASE OF THE DEFENDANTS:
A) The defendants states that in the first week of February 2015, the 1 st
defendant approached the plaintiff to borrow a sum of Rs.50,000/- as a
loan. The plaintiff offered to give the loan at the interest of 12% per
annum per hundred. Further for lending the said amount, the plaintiff
fixed a condition that the 1 st defendant to execute a mortgage deed
with regard to the suit property in favour of the plaintiff. Due to urgent
necessity, no other go, 1st defendant agreed the above condition of the
plaintiff and the 1st defendant asked the plaintiff to prepare a mortgage
deed. On the instructions given by the plaintiff on 9.2.2015, the 1 st
defendant went to the concerned Sub Registrar Office, Sivagiri and the
1st defendant received the amount of Rs.50,000/- from the plaintiff and
without knowing the contents of the document, the 1 st defendant
signed in the document and put his thumb impression as instructed by
the plaintiff, on believing that the plaintiff got his signature in the
mortgage deed. The 1st defendant states that only on the receipt of the
plaintiff notice, the 1st defendant came to know that in order to grab
the valuable property of the 1 st defendant, the plaintiff has registered
the sale agreement under the guise of the mortgage deed by of
innocence of the 1st defendant.
B) The defendants state that on the enquiry, the 1 st defendant came to
know that on the date of the alleged sale agreement, the plaintiff did
not have the capacity and means to lend the huge amount of
Rs.1,50,000/- to 1st defendant. Further, the defendants state that the
market value of the property mentioned in the plaint is more than
Rs.3,00,000/-. Hence, the 1st defendant has no necessity to sell his
property at the very low price.
LIST OF DOCUMENTS MARKED ON PLAINTIFF SIDE
1. The sale agreement has been marked as Ex A1
2. Settlement deed with patta has been marked as Ex A2
3. Advocate Notice has been marked as Ex A3
4. Postal Receipt has been marked as ExA4
5. Acknowledgment card has been marked as ExA5
6. Reply Notice has been marked as ExA6
7. Encumbrance Certificate has been marked as ExA7
During Cross-examination of DW1
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