IN THE COURT OF HON’BLE PRINCIPAL JUNIOR CIVIL

JUDGE, KADAPA.

OS NO. IN 2024

Between:

Shaik Noor Jahan … Plaintiff

And

1. Shaik Ghouse Peer

2. Shaik Shahina Parveen … Defedanant

PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER

ORDER VII RULE 1 OF CPC READ WITH SECTION 26 OF CPC

(1) Plaintiff: Shaik Noor Jahan, W/o Shaik Jilan, Musli, Aged 36 Years,

Homemaker, D/No: 19/293, Ground Floor, Varasmeah

Street, Kadapa Town and City, Kadapa District.

Cell No. 9396245949

(2) Defendants: (1) Shaik Ghouse Peer S/o Late Shaik Hasumeah, Muslim,

Aged 50 Years, Private Employee,

(2) Shaik Shahina Parveen, W/o Shaik Gouse Peer, Muslim,

Aged 33 Years, Housemaker,

Defendants 1 and 2 being a Husband and WIfe Residing in the same place
D/No: 19/293, 1st Floor, Varasmeah street, Kadapa town and city, Kadapa
District. Cell No. 9246769086.

Addresses of the parties for the purpose of the service of process etc., are
same as the above.
(3) It is respectfully submitted that the defendants are the wife and
husband. The Plaintiff are the wife of younger brother of the 1 st Defendant
due to close relationship the defendants 1 and 2 approached the plaintiff
stating that they were in need of money to meet their legal necessities to a
tone of RS.18,00,000/-. The Defendants further represented that they are
having right and title over the Plaint Scheduled property. The PLAINT
SCHEDULED PROPERTY is consisting of three stories building. The
Defendants 1 and 2 are residing in 1st Floor. The Defendants further
represented that even though they are the Actual Owners of the PLAINT
SCHEDULED PROPERTY but they have kept the same in the name of their
minor by name Shaik Mohammed Jawad, now Aged 7 years. The Defendants
further represented that in order to secure the future of their child, they
have obtained the Registered Sale Deed dated 09.01.2023 bearing No.
383/2023 in the name of their minor son but the actual sale consideration
was incurred by the 1st Defendant out of his hard-earned funds and paid the
same to the executant i.e., M. Gopala Krishnamurthy. Lastly, the
Defendants 1 and 2 represented that as a security for the debt of RS.
18,00,000/- they would hand over the possession of the PLAINT
SCHEDULED PROPERTY consisting of Ground Floor and Second Floor to
the Plaintiff. It is agreed upon between the Plaintiff and the Defendants 1
and 2 that the Defendants should not pay the interest amount for the debt
of RS. 18,00,000/- and that the Plaintiff should not pay any rent for the use
and occupation of the PLAINT SCHEDULED PROPERTY till the debt is
cleared by the Defendants 1 and 2.

(4) It is further represented that upon agreeing the aforesaid terms and
conditions the Plaintiff lent Rs. 18,00,000/- to the Defendants 1 and 2. The
Defendants 1 and 2 received the same. By duly acknowledging the Receipt of
Payment of Rs. 18,00,000/- and agreeing upon terms and conditions, the
Defendants 1 and 2 executed confirmation agreement dated 21.10.2023 in
favour of the Plaintiff. As per the terms and conditions of the confirmation
agreement, the Defendants 1 and 2 delivered possession of the PLAINT
SCHEDULED PROPERTY. The Defendants 1 and 2 have agreed not to deal
with the PLAINT SCHEDULED PROPERTY unless and until they clear the
debt of the Plaintiff. It is expressly agreed upon that the defendants should
clear the debt on or before 3 years i.e. 20.10.2026 and upon making
repayment of the debt they should take back the original agreement as well
as possession of the PLAINT SCHEDULED PROPERTY. In the event of
vacating the PLAINT SCHEDULED PROPERTY before the due date subject to
the repayment of the debt, the same should be informed in advanced with 6
months duration. After expiry of duration of years, the plaintiff should
deliver the PLAINT SCHEDULED PROPERTY to the Defendants in good
condition upon receiving the debt amount of RS. 18,00,000/-. In the event
of any repairs or structures, the plaintiff should at first effect the same with
her own expenses of the same is payable by the Defendants at the time of
eviction. The Defendants should not make any litigation and return the
entire amount. The Corporation taxes, water charges etc., should be paid by
the Defendants. The Plaintiff should pay the electricity bills and handover
the recites to the Defendants. The Defendants should not have any rights to
seek eviction without clearing the debt to the Plaintiff. The Defendants
conferred the right of letting the premises to others either on lease or sub-
lease or Transfer of lease. By agreeing all the above said terms and
conditions, the Defendants jointly executed the Confirmation Agreement in
favour of Plaintiff in the presence of elders and the same is valid, binding
and acted upon.

(5) It is submitted that pursuant to the execution of Confirmation

Agreement, The Defendants delivered the possession of the PLAINT
SCHEDULED PROPERTY to the Plaintiff. Ever since then the Plaintiff is in
Possession and Enjoyment of the PLAINT SCHEDULED PROPERTY by
paying Electricity Consumption Charges from Time-to-Time regularly. As
stated supra, the Plaintiff is having Right to Enjoy the PLAINT SCHEDULED
PROPERTY till 20.10.2026 as per the Agreement.

(6) It is further submitted that for the past few days there happened some
internal differences between the Defendants on one hand and the Plaintiff
and her Husband on the other hand. Having been enraged by such
differences, the Defendants 1 and 2 turned hostile to the Plaintiff in
maintaining the PLAINT SCHEDULED PROPERTY. In furtherance of such
evil designs, the Defendants 1 and 2 have started Unreasonably demanding
the Plaintiff to vacate the PLAINT SCHEDULED PROPERTY once and for all
without adhering to the terms and conditions stipulated under
Conformation Agreement, and without making Repayment of the debt due to
the plaintiff, without giving any time to the Plaintiff as per the Conformation
Agreement and in total Violation of Principles of Natural Justice unable to
bear with the pressures from the Defendants, The Plaintiff sent a word
through the Elders persuading the Defendants to strictly abide by the terms
of the confirmation agreement. But the Defendants did not stand by the
terms of the Confirmation Agreement while so, during the last week of June,
2024, the Defendants 1 and 2 along with henchmen large in number
pervaded upon the Plaintiff and attempted to dispossess the Plaintiff from
the PLAINT SCHEDULED PROPERTY by exerting force, high handiness and
by taking Law into their hands. Then the Plaintiff with the help of her well-
wishers could not resist the high handed and Illegal Activities of the
Defendants provisionally then the Defendants went away by Threatening
that they will come again by bringing more men and weapons in order to
dispossess the PLAINT SCHEDULED PROPERTY by hook or crook. The
Plaintiff is apprehending threat to her life and lawful rights over the PLAINT
SCHEDULED PROPERTY in the hands of Defendants. The Defendants are
highly Influential persons backed up by money, men and muscle power and
they can do and undo what they can like or dislike. On the hand the Plaintiff
is Law Abiding Citizen and she has no capacity to resist the highhanded
activities of the Defendants in view of above circumstances, the Plaintiff is
constrained to file this suit seeking permanent Injunction to protect her
Lawful Rights over the Plaint Scheduled property.