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IN THE COURT OF CITY CIVIL JUDGE AT BANGALORE

O.S.No.7666/2019

Between :

Sri.Malleshappa & another. Plaintiffs

And :

Smt. Mini Thomas & others. Defendants

THE DEFENDANT NO.3 ABOVE NAMED FILES THE

FOLLOWING WRITTEN STATEMENT UNDER ORDER VIII
RULE 1 OF THE CODE OF CIVIL PROCEDURE :

The Defendant No.3 respectfully submit as hereunder:

1. That at the outset, the suit of the plaintiffs filed against

the defendants for the alleged relief of specific performance
of the agreement of sale dt. 8.9.2014 seeking for direction
to the defendants 1 to 3 to execute the sale deed in respect
of the schedule property in favour of the plaintiffs , for
permanent injunction and for other consequential reliefs in
respect of the suit schedule property . is not at all
maintainable either in law or on facts and hence the same
is liable to be dismissed in limine.

2. That the suit of the plaintiffs is highly frivolous,

vexatious, tainted with malafide objects, illegal motives ,
and to harass these defendants for extraneous reasons and
considerations may be with an intention to extract money
from them illegally. Hence the plaintiffs are guilty of
misuse and abuse of the due process of law and thereby
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they are liable for serious reprimand at the hands of this

Hon'ble Court.

3. That the plaintiffs are guilty of suppressio veri and

suggesio false and as such, they have not approached this
Hon'ble Court with clean hands seeking discretionary relief
of specific performance in respect of the suit schedule
property . and for other general reliefs at the hands of this
Hon'ble Court and thereby they are disentitle for any or all
of the reliefs on the basis of alleged forged document of sale
agreement dt. 8.9.2014.

4. That the suit of the plaintiffs suffers from various

preliminary and technical lacunas and that apart the same
is totally bereft of merits as detailed hereafter and
elsewhere in this written statement.

5. The averments made in paras 1 & 2 do not call for any

comments as the same are formal in nature. however, it is
for the plaintiffs to prove the same before this Hon'ble
Court.

6. Re : para 3, 4, 5, 6,7,8,9,10 : The averments made in

these paras are all unconcerned to this defendant, however,
it is for the defendants 1 & 2 to traverse those averments.
The plaintiffs be put to strict proof of the same.

7. It is submitted that this defendant is a bonafide

purchaser from the 1st defendant for valuable consideration
amount and by virtue of the said registered sale deed
dt.3.9.2019 vide Document No.BGR-1-03514-2019-20 of
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Book-I and stored in CD No.BGRD519 registered in the

office of the Sub Registrar, Begur. This defendant became
absolute owner in peaceful possession and enjoyment of
the suit schedule property having exercised every manner
of right, title and interest. Based on the said registered sale
deed, the katha and other revenue entries came to be
transferred in the name of this defendant and he is paying
the taxes to the concerned authorities in respect of the suit
schedule property and he is in peaceful possession and
enjoyment of the suit schedule property eversince from the
date of its purchase.

8. The very suit of the plaintiffs is not maintainable as the

plaintiffs have not fulfilled the mandatory requirement by
issuing statutory notice to the defendants 4 & 5 authority .
In the absence of the same, the suit of the plaintiff cannot
be entertained and liable to be dismissed.

9. There is no cause of action for the above suit. The cause

of action as averred in para 13 of the plaint is only created
and concocted for the purpose of filing of he above false
and frivolous suit and the plaintiffs be put to strict proof of
the same.

10. The court fee paid by the plaintiffs is highly insufficient

as such the plaintiffs may be directed to file a fresh
valuation slip as per the present market value of the suit
schedule property . Until the same is adhered to by the
plaintiffs, the suit of the plaintiffs cannot be allowed to
progress.
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11. The suit filed by the plaintiffs is barred by limitation.

As per the sale agreement, dt. 8.9.2014 the plaintiffs are
seeking specific performance of the agreement of sale which
is barred by law . On this count also, the suit of the
plaintiffs is liable to be dismissed. It is pertinent to
mention here that the plaintiffs cannot enforce the alleged
agreement of sale dt. 8.9.2014 seeking any relief against
me as I am a bonafide purchaser of the suit schedule
property after much discussion and scrutiny and after
obtaining legal opinion, spot inspection etc.. The plaintiff
has falsely implicated me in the above case only with an
intention to harass me and for their illegal and unlawful
enrichment. The plaintiff has caused great inconvenience,
hardship, injury, loss, damage and mental agony in order
to resist the false and frivolous suit , hence this Hon'ble
Court be pleased to award exemplary costs for having
dragged me to resist the false suit.

12. All other averments which are not specifically

traversed herein are hereby denied as false and incorrect
and the plaintiffs be put to strict proof of the same .

13. Viewed from any angle, the suit of the plaintiffs is

opposed to all canons of law principles of equity and norms
of good conscience.

14. The true facts of the case is that these defendants

especially the 1st defendant has not at all executed any
alleged sale agreement on 8.9.2014 in favour of the
plaintiffs by receiving an amount of Rs.15 lakhs. Moreover
the signatures found in the alleged sale agreement is not at
all that of the 1st defendant.
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15. It is submitted that these defendants have not at all

reicved legal notice at any point of time dt. 6.9.2019 .
Moreover D.1 & D.2 have not sent any reply notice dt.
17.9.2019 those notices were created by the plaintiffs only
to harass these defendants for their illegal and monetary
gain.

16. It is submitted that the plaintiffs are well aware that

these defendants have sold the property in favour of
Defendant No.3 in the year 2019 itself.

Wherefore, the defendant No.3 above named humbly

prays that this Hon'ble Court be pleased to dismiss the suit
of the plaintiffs with exemplary costs, in the interest of
justice and equity.

Advocate for Defendant No.3 Defendant No.3

VERIFICATION

I, the defendant No.3 do hereby verify and declare that

what is stated above are all true and correct to the best of
my knowledge, information and belief.

Bangalore

Date: / /2019 Defendant No.3

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IN THE COURT OF CITY CIVIL JUDGE AT BANGALORE

O.S.No.7666/2019

Between :

Sri.Malleshappa & another. Plaintiffs

And :

Smt. Mini Thomas & others. Defendants

VERIFYING AFFIDAVIT

I, V.Srinivas, S/o. late Venkataswamy, aged about 46

years, R/at.No.24/10, Sudrutham Nilaya, 5th Cross,
Dr.Vishnuvardhana Main Road, Mangammanapalya,
Yellukunte, Bangalore-560 068, do hereby solemnly affirm
and state on oath as follows :
1. I state that I am the defendant No.3 in the above case. .
I know the facts of the case, hence I am swearing to this
affidavit.
3. I state that the contents of the accompanying written
statement from paras 1 to 16 are all true and correct to
the best of my knowledge, information and belief.
What is stated above is true and correct.
Identified by me,

Advocate. Deponent
Bangalore
Date: / /2019
No. of Corrs: