Affidavit 1

 

1

BEFORE THE HONOURABLE VACATION JUDGE BELLARY (IN THE MATTER OF THE ORGINAL SUIT TO BE FILED BEFORE THE HONOURABLE PRINCIPAL CIVIL JUDGE BALLARI) V.O.S. NO.

/ 2019

BETWEEN: Sri T.Nagabushan

…Plaintiff   AND

Sri P.Ramakrishna & 2 others

…Defendants.

AFFIDAVIT OF THE PLAINTIFF  

I,

Sri ST. Nag Nagab abusha ushan n son of La Late te T. Ven Venkat katara araman manapp appa a , ag aged ed

about 58 years, sole proprietor of Industrial Unit in the name an stye, Sri Bushan Bus han Ind Indust ustria riall and Ste Steel el Cor Corpor porati ation on sit situat uate e in Ind Indust ustria riall She Shed d located on Plot No15-B, of Karnataka Industrial Area Development Area, Industrial 1st  stage, Mundragi, Ba Ballari, llari, do hereby on solemn affirmation state as follows:  

I am the pla plaint intiff iff in the abo above ve sui suit. t.

I hav have e fil filed ed the abo above ve sui suitt

agai ag ains nstt th the e de defe fend ndan ants ts se seek ekin ing g Pe Perm rman anen entt In Inju junc ncti tion on ov over er th the e su suit it schedule property. I know the facts of the case and the facts sworn to herein below.  

I crave the leav leave e of this Hon’ Hon’ble ble court to read the conten contents ts of the

plaint as part and parcel of this affidavit to avoid repetitions.  

I s sub ubmi mitt th that at I h hav ave e c con onst stru ruct cted ed th the e s sch ched edul ule e P Pro rope pert rty y O One ne

Industrial shed and RCC building with my own cash on the Plot No.15-B.  The Plot on which the suit schedule property exists absolutely belongs whatsoever may the position of Registration of Plot No. B purchased by  the Defendants through sale deed dated 22-3-2016.

1

 

2

 

The suit schedule property absolutely is belonging to me and the

defendants do not have any right title over the suit schedule property.  The defendants illegally and forcibly got registered the th e Industrial Plot No. B, from me through Register sale deed dated 2 22-3-2016, 2-3-2016, where where in I have sold and registered only plot and not sold large puck puckka ka Industiral shed and buildings and I have retained the suit schedule property and only  on the basis only Registration of open plot the Defendants are trying to enter and remove my Puckka shed and RCC building illegally.  

The defe defendants ndants taki taking ng adva advantage ntage of the Sale deed in resp respect ect of plot

No.15No. 15-B B starte started d mak making ing his ill illega egall eff effort orts s to di dispo sposse ssess ss me fro from m the possession of suit schedule property. They made such illegal efforts with the help help of their m men en to d dispos ispossess sess me fro from m the po possess ssession ion o off the sui suitt schedule sched ule prop property erty in the first week of Dec December ember 20 2018 18 but with help of  our well wisher I succee succeeded ded iin n preventing the defe defendants ndants and their men from doing so on all the said occasion but the defendants stated on the last occasion that one or other day they would take possession of suit schedule sched ule p proper roperty ty w with ith he help lp o off police poli ce of

their men, theref therefore ore I a approa pproached ched the

Rural pol police ice stati station on Ballari Ballari,, seeking nec necessary essary action action again against st

the defendants, but said police after verifying the documents, directed me to approach competent civil court to get necessary remedy against the def defend endant ants, s, sta statin ting g tha thatt the mat matter ter in dis disput pute e is civ civil il in nat nature ure,, therefore I am constrained to file the above suit seek seeking ing Permanent o over ver the suit schedule Property refraining the Defendants from dispossessing the property from me . Since the defendants have stated that they would take possession of the suit schedule property on one or other day from the me, me,II am con constr strain ained ed the sep separa arate te app applic licati ation on see seekin king g tem tempor porary  ary  injunction. Since the defendants are also making his frantic efforts to alienate the suit schedule to third party in order to defeat me out right title over over the suit sche schedule dule pr propert operty, y, I am also co constrai nstrained ned to fil file e one more mor e ap appli plicat cation ion see seekin king g aga agains instt the def defend endant ant to res restra train in him fro from m alienating the suit schedule to any third party pending disposal of the above suit. I su subm bmit it tha that, t,

I ha have ve bee been n in pos posse sess ssio ion n of the sui suitt sc sche hedu dule le

property prop erty for the pa past st more then 20 ye years ars and I have got rig right ht title ove overr

2

 

3

the suit schedule property. The defendants are not possession of the suit schedule property property and they are legal title over only Industrial plot/la plot/land, nd, which I have sold sold to them on 22-3-2016 22-3-2016.. I have got a prima prima-faci -facie e case and the balan balance ce of conv conveni enienc ence e is in my favo favour ur and

I have got mor more e

chan ch ance ces s of su succ cces ess s in the ab abov ove e su suit it.. Th The e de defe fend ndan ants ts ar are e in not in possession of the suit schedule property and they doesn’t have any right over ov er th the e su suit it sc sche hedu dule le pr prop oper erty ty,, wh what atso soev ever er ma may y th the e lega legall po posi siti tion on Register sale deed dated 22-3-2016 executed by me in respect of one Industrial Plot No.B in favour of the Defandents. Unde Un derr th the e ci circ rcum umst stan ance ces s if the Ho Hon’ n’bl ble e co cour urtt is no nott pl plea ease sed d to restrain restra in the defen defendants dants,, their men, ag agents, ents, and all all such other per persons sons claimi cla iming ng iinte nteres restt th throu rough gh

the them m ffrom rom ali aliena enatin ting g the the

sui suitt sc sched hedule ule

property, prop erty, to any third pa party rty pendi pending ng dispo disposal sal of abo above ve suit, I would be put to great hardship and irreparable injury and loss and on the other hand ha nd th the e de defe fend ndan ants, ts, wh who o do no nott ha have ve an any y ri righ ght, t, ti titl tle e ov over er th the e su suit it schedu sch edule le

pro proper perty ty and who

are not in po posse ssessi ssion on of the sai said d sui suitt

schedule property would not be put to any hardship or loss.  

I, theref therefore ore pray that the Hon'b Hon'ble le court be plea pleased sed to restra restrain in the

opponent/ defendants, their men, agents, and all such other persons claimi cla iming ng iinte nteres restt th throu rough gh tthem hem fro from m

ali aliena enatin ting g the the su suit it s sche chedul dule e

property, to any third pa party rty pending d disposal isposal of above suit, by an ord order er of te temp mpor orar ary y inju injunct nctio ion n an and d pa pass ss ad ad-i -inte nteri rim m or orde ders rs in tha thatt be beha half  lf  pending disposal of this application, in the interest of justice. Identified by me,

 A  Ad dvocate, Bellary

Deponent

Sworn to and signed before me at Bellary on this

3