IN THE COURT OF ADDL SENIOR CIVIL JUDGE AT KADAPA

O.S No.246/2018
Pappireddy Pavan Kumar Reddy … Plaintiff
Vs.
Vadlatala Sylaja … Defendant
EXAMINATION-IN- CHIEF AFFIDAVIT OF P.W-1 (PLAINTIFF) FILED
ON BEHALF PLAINTIFF UNDER ORDER 18 RULE 4 (1) OF C.P.C.
I, Pappireddy Pavan Kumar Reddy son of Reddenna aged about 30
years Hindu Agriculture and real estate business, residing in flat No. 404,
Sreenivasm Apartment, Chemmumiyapet, Kadapa City do here by do
here by solemnly declare and state as follows.

1. I am the plaintiff herein and that deposing as P.W -1 in this

suit. I know the facts of the suit.

2. I filed this suit against the defendant for specific performance

of agreement sale dated 17-07-2015.

3. I humbly submit that the defendant agreed to sell the

schedule property to me for Rs. 6,00,000/- and that the defendant
executed an agreement of sale on 17-07-2015 in favourt of me and tha
the defendant received Rs. 5,90,000/- as major part of sale consideration
from me on 17-07-2015 and that I have to pay the remaining balance
amount of Rs. 10,000/- to the defendant at the time of executing the
registered sale deed on or before 31-01-2016 after settling all the
disputes, clearing bank loans, martgages, surveying, giving E.C etc to me. I
have been ready and willing to perform my part of contrat from the very
beginning for getting the registered sale deed from the defendant for the
sechedule property.
4. I humbly submit that the defendant was not ready and willing
to execute registered sale deed in favour of me since the defendant could
not settle all the disputes,clearing bank loans, mortgages,surveying,
giving E.C, giving bank clearance certificae etc to me on or before 31-01-
2016 and that the defendant requseted me for some time for that
purpose and that the defendant made endorsement mentioning all those
facts in the endorsement made on the back of the original agreement of
sale endorsed on 20-01-2016 by receiving the balance sale price of
Rs.10,000/- from me and that defendant agreed in that endorsent to
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execute registered sale deed in favour of me as and when I demand the
defendant to execute regular registered sale deed in favourt of me. The
defendant signed in the endorsement on 20-01-2018 in the presence of
the attestors and scribe in Kadapa city on the back of the original
agreement of sale dated 17-07-2015.
5. I humbly submit that the defendant issued totally false and
frandulant legal notice dated 16-05-2018 to me throungh her advocate
named Sri.A.Suneel Kumar by stating that the defendant received Rs.
5,90,000/- from me on 17-07-2015 by executing an agreemement of sale
for the suit schedule property and that defendant paid that amount to
me on 31-01-2016 and cancelled that agreement of sale by herself. The
defendant ought to have got back the agreement of sale to her
possession from me or got entry on the back of the agreement of sale
with her hand writing. The suit agreement of sale is only for selling the
suit property to me for the sale price of Rs. 6,00,000/-. The defendant did
not pay Rs. 5,90,000/- to me on 31-01-2016 and that the agreement of
sale dated 17-07-2015 was not cancellled. The allegations made in that
legal notice dated 16-05-2018 by the defendant are fictious and nothing
to question the truth of executing the agreement of sale dated 17-07-
2015 and endorsement dated 20-01-2016 made by the defendant in
favour of me. I issued a reply notice dated 21-05-2018 through my
advocate to the cousel of the defendant by stating that the defendant did
not pay the Rs. 5,90,000/- to me on 31-01-2016 and that the defendant is
equating suit agreement of sale to promissory note. No body can pay
such large amount of Rs.5,90,000/- to the other party with out getting
that document returned to that paying person. The defendant is uttering
falsehood for knocking away the suit property. Further the defendant
borroued Rs. 15,00,000/- from L.I.C houseing institution by mortgaging
the suit schedule property by violating the agreement of sale dated 17-
07-2017 and endosemut dated 20-01-2016.
6. I humbly submit that the defendant did not give E.C clearance
certificate etc to the me upto now as per the endorsement made on 20-
01-2016 on the back of agreement of sale dated 17-07-2016. I have been
waiting for the call of the defendant for getting registered sale deed for
the suit schedule property from the defendant as per the endorsement
dated 20-01-2016. Therefore I issued a legal notice dated 17-05-2018
throung my advocate calling the defendant to come to the Sub-Registrar
office Rural Kadapa city on 31-05-2018 for executing registered sale deed
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in favourt of me for the suit schedule property. The defendant received
that legal notice on 19-05-2018. I went to Sub-Registrar office of Rural in
Kadapa city on 31-05-2018 for getting registered sale deed from the
defendant as requested by me in his legal notice dated 17-05-2018. I
waited in Sub-Registrar office Rural in kadapa city on 31-05-2018 from
10:00 AM to 05:00 PM for getting registered sale deed from the
defendant in my favour. The defendant did not come to Sub-Registrar
office Rural in kadapa city on 31-05-2018 from 10:00 AM to 05:00 PM for
executing registered sale deed in my favour. The defendant refused and
utterely failed to perform her part of contract on 31-05-2018 by
executing sale deed in my favour on 31-05-2018. The defendant is always
not ready to execute registered sale deed in my favour from the very
beginnig upto now. I purchased market value cetificate and N.J stamps
each worth about Rs.50/- dated 31-05-2018 from Sub-Registar office
Rural Kadapa city for proving my presence in the Sub-Registar office
Kadapa Rural on 31-05-2018 from 10:00 AM to 05:00 PM.
7. I humbly submit that the limitation for specific performance
of contract is three years from the date of contract as per Article 54 of
Limitation Act. The suit sale agreement was executed by the defendant
on 17-07-2015 and it can be enforced for specific performance with in
three years from 17-07-2015 upto 17-07-2018 as per Article 54 of
Limitation Act. The defendant made endorsement on 20-01-2016 by
agreeing to execute regular registred sale deed in favour of me as and
when I demand the defendant to execute regular sale deed in my favour.
I issued legal notice dated 17-05-2018 to the defendant to execute
registered sale deed in my favour on 31-05-2018. The defendant received
that legal notice on 19-05-2018 and that the defendant refused to
execute reqular sale deed in favour of me on 31-05-2018 by refusing
herself from coming to Sub-Registrar office Rural Kadapa city on 31-05-
2018. Hence the limitation for filing this suit also starts from 31-05-2018
i.e from the date of refusal for performing the contract of sale as per the
recitals made in the endorsement dated 20-01-2018 as per Article 54 of
Limitation Act. I am entitled for specific performance of suit agreement of
sale as per sections 15 and 22 of Specific Relief Act 1963.
7-A. I humbly submit that the defendant is trying to alienate
the suit schedule property to some third parties fraudulently for causing
loss and injustice to me in order to make wrongful gain out of the suit
schedule property. I issued legal notice dated 05-06-2018 through my
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advocate to the defendant by requesting the defendant not to alienate
the suit schedule property to third parties by violating the recitals made
in the agreement of sale dated 17-07-2015 and also the endorsement
dated 20-01-2016 executed by the defendant in my favourt. I am always
ready and willing to perform my part of agreement from the very
beginning. The defendant issued false legal notice dated 16-05-2018 to
me in order to prove that the defendant is not ready and willing to
execute the regular registered sale deed in my favour. Hance I am forced
to file this suit for specific performave of the agreement of sale.
9.THE FOLLOWING DOCKMENT MAY KINDLY BE MARKED
ON BEHALF OF THE PLAINTIFF AS EXBIT A-1 TO A-13:

i. Exibit A-1 is original agreement of sale dated 17-07-2015 executed

by the defendant in favour of the plaintiff for the suit schedule
property with endorsement dated 20-01-2016 executed by the
defendant on the back of the first page of the areement of sale
dated 17-07-2015 in favourt of the plaintiff made on 20-01-2018 by
the defendant.
ii. Exibit A-2 is endorsement dated 20-01-2016 executed by the
defendant on the back of the first page of the areement of sale
dated 17-07-2015 in favourt of the plaintiff made on 20-01-2018 by
the defendant.
iii. Exibit A-3 is Office copy of the legal notice dated 17-05-2018 issued
by the advocate of the plaintiff to the defendant.
iv. Exibit A-4 is Postal receipt dated 17-05-2018 addressed to the
defendant for sending serial No.2 legal notice to the defendant.
v. Exibit A-5 is Postal Ack-Nowledgement signaed by the defendant on
19-05-2018 for receving the serial No. 2 legal notice of plaintiff.
vi. Exibit A-6 is Served copy of the legal notice dated 16-05-2018
issued by the advocate of the defendant to the plaintiff.
vii. Exibit A-7 is Office copy of the reply notice dated 21-05-2018 issued
by the advocate of the plaintiff to the advocate of the defendant to
serial No.5 legal notice.
viii. Exibit A-8 is Postal receipt dated 25-05-2018 addressed to the
advocate of the defendant for sending serial No.6 reply noitce.
ix. Exibit A-9 is Postal Ack-Nowledgement dated 26-05-2018 signed by
the advocate of the defendant for receving by serial No.6 legal
notice of plaintiff.
x. Exibit A-10 is Office copy of the legal notice dated 05-06-2018
issued by the advocate of the plaintiff to the defendant.
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xi. Exibit A-11 is postal receipt dated 05-06-2018 addressed to the
defendant for sending the serial No.9 legal notice dated 05-06-2018
to the defendant.
xii. Exibit A-12 are four N.J stamps cach worth Rs.50/- purchased by
plaintiff on 31-05-2018 in Sub-Registrar office Rural Kadapa city.
The N.J stamps Nos. AF 775403, AF 775404, AF 775405, AF 775406.
xiii. Exibit A-13 is Market Value certificate Request No.1157/2018 for
suit property taken by the plaintiff on 31-05-2018 from Sub-
Registrar office Rural Kadapa city.

8. Prayer:- Therefore the I pray that the Honourable court may be

pleased to pass a decree and Judgement in my favour and against the
defendant by
(1). Directing the defendant to execute regular registered sale deed in
my (plaintif) favour for the suit schedule property with in the time fixed
by the Honourable court or in the alternate in case if the defendant fails
to execute registered sale deed in my (plaintif) favour, that the
Honourable court is prayed to execute registered sale deed in my
(plaintif) favour for the suit schedule property and deliver possession of
the suit property to me (plaintif).
(2). Grant costs of the suit against the defendant and pass such other
orders as the Honourable court deems fit in the circumstancse of the
case in the interest of Justice.

Solemnly affirmed and signed before me on this the 12Th day of

October, 2018 at Kadapa.

FILED BY ME ADVOCATE

ADVOCATE FOR THE PLAINTIFF

 IN THE COURT OF ADDL
SENIOR CIVIL JUDGE AT KADAPA

OS No: 246/2018

Pappireddy Pavan Kumar Reddy

…Plaintiff
Vs.

Vadlatala Sylaja

…Dafendant

EXAMINATION-IN-CHIEF
AFFIDAVIT OF P.W-1
(PLAINTIFF) FILED ON BEHALF
PLAINTIFF UNDER ORDER 18
RULE 4 (1) OF C.P.C.

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L.,

Advocate for the plaintiff,
Kadapa