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I 8 Oli 24 Kta 90 BRRD 8 GBC 3 C 0 U 8 o
I 8 Oli 24 Kta 90 BRRD 8 GBC 3 C 0 U 8 o
I 8 Oli 24 Kta 90 BRRD 8 GBC 3 C 0 U 8 o
THE COURT OF THE VII JUNIOR CIVIL JUDGE,
CITY CIVIL COURT::HYDERABAD
Dated, on the 30th Day of April, 2019
Present: Sri J. UPENDER RAO,
VII Junior Civil Judge,
City Civil Court,Hyderabad
ORIGINAL SUIT No. 1774 of 2018
BETWEEN:
1. M.A. Hakim Sayeed S/o. Late M.A. Hameed,
Aged: 46 Years, Occ: Business, R/o. Flat No. 401,
Manzil Castle, House No.82316/8/H/A, Road No.14,
Banjara Hills, Hyderabad.
2. M.A. Qayyum S/o. Late M.A. Hameed,
Aged: 36 Years, Occ:Business, R/o. Flat No. 502,
Manzil Castle, House No.82316/8/H/A, Road No.14,
Banjara Hills, Hyderabad.
… Plaintiffs
And
Ishtiyak Mohammed S/o. Mohammed Bin Salam,
Aged: 45 Years, Occ: Business, R/o. 11362,
Mallepally, Hyderabad.
… Defendant
*****
This suit is coming on 25.04.2019 before me for final hearing in the
presence of Sri Narasimha Swamy, learned Counsel for the plaintiff and the
Right of the defendant to file Written Statement is forfeited, and the matter
having stood over for consideration till this day, this Court delivered the
following:
: J U D G M E N T :
through him from interfering with the peaceful possession works, enjoyment of
the plaintiffs in and over the suit schedule property.
2. The brief averments of the plaint are that the plaintiffs are absolute owners
Sq.Yds situated at Road No.10, Banjara Hills, Hyderabad having purchased under
registered Sale deed vide Doc. No. 4068/2014, dated 30.09.20`14 and from the
date of purchase of the property, the plaintiffs are in peaceful possession and
Page Number : 2 O.S.No. 1774 of 2018
enjoyment of the same as absolute owners without any body interruption. After
purchase the property, the plaintiffs made residential building/flats and the
defendant came through an agent with intention to purchase the property and
there was an offer and acceptance between the plaintiffs and defendant to
purchase flat No.301. In view of the said acceptance, the unregistered agreement
specific conditions and the defendant paid sale consideration along with
agreement of sale and there is a clear undertaking clause that balance of sale
consideration of Rs. 23,50,000/ shall be paid in monthly installments form the
date of agreement of sale i.e., November, 2014 to June, 2016 @ Rs. 3,00,000/
per month and there is an clear understanding that after payment of total amount
the property will be delivered and registered on or before June, 2016. After
completion of time also the defendant failed to comply the conditions and apart
from that the defendant demanded that the plaintiff shall do extra work,
defendant said amount should be paid within June, 2016 only but even after
completion of said extra work, the defendant failed to pay amount to the
plaintiffs. As per the agreement, the defendant shall pay necessary expenses
around Rs. 9,50,000/ but repeated demand made by the plaintiff’s defendant not
balance sale within stipulated time and started threatening the plaintiffs, creating
nuisance with dire consequences. On 11.05.2018 when the plaintiffs demanded
the defendant for payment of balance sale consideration and granted 30 days time
for payment of total amount with a condition that if the defendant failed to pay
canceled and advance sale consideration will be forfeited, for which the defendant
Page Number : 3 O.S.No. 1774 of 2018
agreed and accepted the same but failed to comply his promise after completion of
time. Therefore the plaintiff got issued notice through his counsel that in violation
of conditions as well as failed to pay balance sale consideration, agreement stands
canceled, therefore by virtue of legal notice on 21.08.2018 the agreement dated
03.11.2014 canceled. After issuance of cancellation notice, the defendant started
social elements and trying to get possession illegally with Barkas Goondas but to
the resistance of the plaintiffs, the defendant left away the property by threatening
with dire consequences. Hence the present suit.
3. The right of the defendant to file written statement is forfeited.
4. Now the points for determination are that:
i. Whether the plaintiffs are entitled for perpetual injunction
as prayed for?
ii. To what relief?
To substantiate the case of the plaintiffs, plaintiff No.2 himself examined as
PW1 and got marked Ex.A1 to A4. Ex.A1 is the Mee Seva Copy of the Sale Deed
notice dated 21.08.2018, Ex.A3 is the Postal receipt dated 21.08.2018 and Ex.A4
is the Electricity Bill cum notice dated 09.12.2017 issued by TSSPDCL.
5. Heard and perused the record.
6. Point No.1: The learned counsel for the plaintiffs submitted that suit is
filed for perpetual injunction against the defendant restraining the defendant, his
men and agents etc., interfering with the peaceful possession works, enjoyment of
the plaintiffs in and over the suit schedule property as the plaintiffs are the
absolute owners of the suit schedule property by virtue of registered Sale Deed
Page Number : 4 O.S.No. 1774 of 2018
vide Doc. No.4068/2014, dated 30.09.2014 and from the date of purchase the
plaintiffs are in enjoyment of the suit schedule property as the absolute owners
without any body interruption and after purchase of the suit schedule property,
came through his agent and accepted to purchase the said flat No. 301 and an
unregistered agreement of sale executed in between the plaintiffs and defendant
on 03.11.2014 with specific conditions and paid part sale conditions and there is
a clear undertaking/clause that balance of sale consideration of Rs. 23,50,000/
shall be paid in monthly installments from the date of agreement of sale i.e., since
from November, 2014 to June, 2016 @ Rs.3,00,000/ per month but failed to
comply the same and further the defendant demanded the plaintiffs that they shall
do extra work and additional interior work around worth of Rs. 10,00,000/ on
payment of said amount and the same is to be paid within June, 2016 only but
even after completion of said extra work also the defendant failed to pay the same
and as per the agreement the defendant shall pay necessary expenses regarding
9,50,000/ but failed to pay the same even after repeated demands and defendant
neither paid the balance sale consideration as agreed by him nor vacated the
premises, hence there is clear violation of terms and conditions of the agreement,
as such the plaintiffs got issued a legal notice through their counsel on 21.08.2018
canceling the agreement dated 03.11.2014, after issuance of cancellation notice,
the defendant along with his henchmen and goondas tried to interfered with the
possession of the plaintiffs and illegally trying to take forcible possession of the
suit schedule property.
plaintiffs have proved their prima facie case and balance of convenience in their
favour. Having regard to the above submissions, this court holds that it is a fit
restraining the defendant from interfering with the peaceful possession of the
plaintiffs over the suit schedule property. Accordingly point is answered in favour
of the plaintiffs and against the defendant.
8. Point No.2: In the result, the suit is decreed without costs restraining the
defendant, his men, agent, sub ordinates or any body claiming through it from
interfering with the peaceful possession works, enjoyment of the plaintiffs in and
over the suit schedule property.
Typed to My Dictation by Stenographer, Corrected and Pronounced by me in the open Court on the
30th Day of April, 2019.
Sd/
VII JUNIOR CIVIL JUDGE,
CITY CIVIL COURT :: HYDERABAD
APPENDIX OF EVIDENCE
WITNESSESS EXAMINED
FOR PLAINTIFFS: FOR DEFENDANT:
PW1: M.A. Qayyum ….None....
EXHIBITS MARKED
FOR PLAINTIFFS
:
Ex.A1 is the Mee Seva Copy of the Sale Deed vide Doc. No. 4068/2014,
dated 30.09.2014
Ex.A2 is the Office copy of legal notice dated 21.08.2018
Ex.A3 is the Postal receipt dated 21.08.2018
Ex.A4 is the Electricity Bill cum notice dated 09.12.2017 issued by
TSSPDCL.
FOR DEFENDANT:
...Nil... Sd/
VII JUNIOR CIVIL JUDGE
CITY CIVIL COURT :: HYDERABAD