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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. 28 / 2019

BETWEEN:

Sri [Link]
S/o Late [Link]
Aged 58 years, Proprietor of
M/s Bushan Industrial Steel
Corporation, Plot No. 15-A,
Karnataka Industrial Area
Development Corporation,
Ist Stage, Mundragi, BALLARI. …Plaintiff

AND

1. Sri [Link] aged 47 years

S/o Late [Link]
R/o Ward No.35, Siriguppa Road,
Hamambhavi, Ballari-583103.
2. Sri [Link] age 47 years
S/o Late [Link]
R/o House No. 60(4),
Gopalswamy Road,
Gandhinagar, BALLARI-583103.
3. Sri Venkateshwara Prasad age 49 years
S/o Sri [Link], Plot No. 21,
Aishwarya Colony, Cantonment,
BALLARI-583104. …Defendants.

The address of the Plantiff for the purpose of service of notices,

etc., is that of his counsel [Link], Plot No.54, Sontha
Linganna setty coloney, Gandhinagar, Ballari-583103, phone
No.9242143918.

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PLAINT FILED ON BEHALF OF THE PLAINTIFFS UNDER

SECTION 26 R/W ORDER VII RULE 1 OF THE CODE OF CIVIL
PROCEDURE

The plaintiffs above named humbly submit as follows:

1. The Plaintiff submits that he is sole proprietor of an Industrial

Unit in name and style M/s Sri Bhushan Industrial and Steel
Corporation situated in Plot No. 15-A Karnataka Industrial
Area Development Board, Industrial Area Mundragi 1 st Stage,
Bangalore Road, Ballari- and he is a Small and Medium
Entrepreneur, carrying the business of fabricating Industrial
products, for the past 20 years and he is Graduate in B.E.
(Mechanical), having good reputation in market well known
having expertise providing solutions to Reputed Industrial like
JSW and local Sponge Iron Units in field of fabricating
Industrial Products to be installed in the Industrial sites. It is
further submitted that in his unit he is providing employment
to 10 workers, and also earning his livelihood for his family
from this unit.
2. It is submitted that the business of plaintiff is a high risk
business, as he has to innovate new products which are not
readily available in the market, as per specification and
requirement of Industrial units like JSW and sponge Iron
Factories, and most of the time payment is delayed due
adverse market conditions of vagaries of ups and down of Iron
ore business.
3. It is submitted that during the course of his business, he
came into contact with one person Sri [Link], who is
arrayed as Defendant No.2, who is a Chartered Accountant,
by profession and also a money lender giving hand loan to
persons, who are in need of urgent cash. It is further
submitted that the plaintiff due to his urgent need of cash for

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operating his business has taken hand loan of Rs.7.00 Lakhs

from Defendant No.2 and later on the amount has been
returned to him through RTGS. It is further submitted that
the plaintiff has also given two Blank post dated cheques
Leaves bearing towards the security for the loan received from
the Defendant No.2 and despite several request made the
Defendant No.2 has still not returned the cheques and the
cheques have been retained him till today.
4. It is submitted that Sri [Link], Defendant No.2 was
frequently visiting the Industrial site of Plaintiff for collecting
monthly interest amount, and after seeing the business of the
plaintiff and after coming to know the financial conditions and
needs of the Plaintiff, the Defendant No.2 agreed to instead of
Financing the money on interest, and agreed to invest money
in the Business of the Plaintiff as piece work partner in each
project undertaken by the plaintiff and also agreed to share a
profit in the end after realization of Bills from the Indenting
Customer. It is further submitted that the plaintiff for the
purpose of development of his business obtained several
orders and one such order the plaintiff got from M/s JSW
Thoranagallu, during the year 2015 for designing, fabricating
and Installation at site Container Loading Machine for loading
Direct Reduction Iron (Pellets), for Rs.22.00 Lakhs, and the
Defendant No.2 has invested Rs.15.00 lakhs in this project
by way of paying cash directly to the raw material suppliers
required for this work, to M/s Shanker Pipes Kanekal Road,
Ballari. It is further submitted due to misfortune and sudden
change in the export policy of Government of I India, the
export of Direct Reduction Iron (Pellets) was stopped and due
to this the finished product could not be delivered to M/s
JSW, Thornagallu and the said product is still lying in the
premises of the Industrial Unit of the Plaintiff.

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5. It is further submitted that Sri [Link], Defendant No.2

after having invested Rs. 15.00 Lakh in the project which
failed in the market conditions started, pressuring the plaintiff
to repay the amount with interest and also due to further
deterioration of market conditions, the plaintiff could not
sustain losses and his Bankers, CANARA BANK, BALLARI,
issued a notice to sell the property of the plaintiff site and
shed which was pledged with Bank for the purpose of loan in
the year 2015.
6. It is submitted that the plaintiff tried to convince the
Defendants No.1,2,and 3 to about his adverse financial
conditions, and they were not in mood to wait and listen to
the plea of the plaintiff, and the Defendants taking advantage
of his helpless and pathetic conditions of the Plaintiff on day
i.e 22-3-2016, they planed and forcibly dragged the plaintiff to
the Canara Bank, paid the amount of Rs. 7,29,362.00 into
Account No. 0506773010428 of Canara Bank of plaintiff and
Rs. 8,19,000.00 into Account No. 0506740011378 of Canara
Bank of plaintiff, computerized copies print out Bank
Statement showing the said two remittances are produced
herewith for kind perusal of this Hon’ble Court along with list
of documents. The Defendants remitting the said amount got
the Original Documents Property of the shed of the plaintiff
released and forcibly took the plaintiff to the Sub Register
Office, Ballari, forced to him to sign a sale deed of his open
plot No.15-B, transferring the plot in favour of the Defendants,
a certified copy of said registered deed is produced herewith
for kind perusal of this Hon’ble Court.
7. It is submitted that at the time and date of Registration of
Industrial site bearing No.15-B, the Defendants 1,2, & 3
promised and agreed to that they would re-register the said
land/site in favour of the Plaintiff, after receiving back the

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amount due to them form the plaintiff, and under such

circumstances believing that the Defendants 1,2, & 3 would
keep their word, the Plaintiff agreed to put his signature on
the sale deed, before the Sub Register Office even though he
has not received full sale consideration money of Rs,30.00
Lakhs. Hence it is submitted that the transfer of plot No.15-B
through Registered sale deed was only for the purpose of
offering security to the Defendants, towards the investment of
money in the business of the Plaintiff.
8. It is submitted that the Plaintiff has been allotted an
Industrial site measuring 40 meters X 25.27 meters, total
area=1011 square meters, Plot No.15-B in the year 6-9-1988
for the purpose of starting Industry under self employment
scheme, for un employed Engineering Graduates, and a
certified copy of the original Allotment letter dated 6-9-1988 is
produced herewith for kind perusal of this [Link] Court. It
is further submitted in pursuance to the said allotment order,
the plaintiff has executed a lease deed dated 26-9-1988 with
Karnataka Industrial Area Development Board Authorities,
and taken possession of the plot a certified copy of said lease
deed is produced herewith for kind perusal of this Hon’ble
Court.
9. It is further submitted that as per the terms and conditions
stipulated at 2 p (1) (ii) (iii) the plaintiff has constructed a
puckka Industrial Shed measuring East to west 15 meters,
and south to north 11 meters with high walls and zinc sheets,
and high Industrial electrical wiring, much fully described in
the schedule to the suit. The said industrial shed as shown in
schedule to the plaint, has been constructed as per approval
plan of the Karnataka Industrial Area Development Board. A
copy of approval order granted by the Karnataka Industrial

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Area Development Board is produced herewith for kind

perusal of this Hon’ble Court.
10. It is further submitted that during the course of time, the
Plaintiff has taken up the construction annexure building
ground floor plus first floor adjoining the main shed
measuring 4.28 meters X 11.27 meters, much more fully
described in schedule to suit, and the said building is being
used for the purpose of storing office records, computer and
other valuable records and stores.
11. It is submitted that at the time of sale of the property, the
plaintiff agreed only to dispose of plot No.15-B and the
Industrial shed as cited supra and annexure building were not
included in the sale deed dated 22-3-2016, since no sale
consideration money was received by the plaintiff for the
existing shed and annexure RCC building and this issue was
well known to the Defendants at the time of registering the
sale deed. It is further submitted that it was orally agreed that
in the event of nonpayment of the amount due to the
Defendants, the Buildings and sheds situated on the plot will
be purchased by the Defendants at a later date, by paying
market value of the buildings and sheds and the plaintiff was
permitted to keep possession of the big working shed, and
buildings until such time the matter was resolved peacefully
by plaintiff and Defendants.
12. It is submitted that the plaintiff is in peaceful legal
possession of the shed and building for the past 25 years and
even after registration of forged registration sale deed dated
22-3-2016 signed under duress, and even as on today the
Plaintiff is in possession of Industrial shed and RCC Building
situated on the Plot-B and he is carrying on business of
fabrication of Industrial products in the shed and buildings.
Photographs showing working business shed, raw material

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stored and finished products stored are produced herewith

along with electronic compact disc and bill for the kind
perusal of this Hon’ble Court.
13. The Plaintiff further submits based on the Registered sale
deed dated 22-3-2016, which is pertains only the registration
of plot No.15-B, the defendants are making frantic efforts to
dispossess the possession of shed and buildings and other
movable stores, worth more than Rs.1.5 crores, and the
Defendants 1 2 and 3 are threatening every day by bringing
gonads and their Hench men to throw away the valuable
belongings stores in the shed and also to dismantle the shed
ill legally, hence the plaintiff has lodged police complaint on
10-5-2019, before the Station House officer and Circle
Inspector of Police, Rural Police Station and the police have
not received the complaint and directed the Plaintiff to
approach the Civil Court, since this is a civil matter and hence
the plaintiff is constrained to file this Injunction suit before
this Hon’ble Court. It is submitted that the Plaintiff has
invested huge money and time in building this business for
past 30 years, and his livelihood depends upon this business
and also providing employment directly to 10 senior workers
and indirectly to large number of workers. Therefore the
plaintiff has legal title over the shed and buildings situated
on the plot No.15-B the suit schedule property despite the
fact that the land has been sold by registered sale deed to the
Defendants, the plaintiff is in physical possession and also the
absolute owner of the Industrial Shed and RCC buildings, suit
schedule property continues to be held legally by the plaintiff
and until unless the plaintiff agrees to sale this piece of suit
scheduled property through due process of law, he is legally
entitled to keep possession and enjoy as per the facts and

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legal position in the matter, whatsoever may the Registration

of plot No.15-B to the Defendants.
14. It is submitted that the Plaintiff is in possession and
enjoyment of the suit schedule property/shed and the
defendant are having rights only on the open plot No.15-B and
taking advantage of the forged registered sale deed dated 22-
3-2016 in respect of only plot without shed and building have
started making frantic efforts to sell the suit schedule
property with help of goondas, but the plaintiff being law
abiding citizen has lodged a police complaint on 10-5-2019
seeking police security to his life and property, and the said
police after verifying the documents and facts in reality, have
directed the plaintiff approach to Competent Jurisdictional
Civil Court to get necessary remedy against the Defendants.
Since the Defendants with help of his Hench men is making
frantic efforts to dispossess the plaintiff from possession of
suit schedule property time and again, the Plaintiff is
constrained to file a separate application seeking temporary
injunction against the Defendants to restrain them from
interfering with the peaceful possession and enjoyment over
the suit schedule property in industrial plot.
15. It is further submitted the Defendants have been
threatening the plaintiff that they would sell the Plot-B along
with shed belonging to the plaintiff every day hence a separate
Application is filed seeking injunction against the Defendants
restraining them from alienating the suit schedule property.
16. The cause of action for the suit accrued on 22-3-2019,
when forged and forcibly obtained the signature of the plaintiff
on the sale deed before Sub Registrar Office Ballari, on the
date of serving a legal notice through his counsel on 9-4-2019
to all three defendants, and when the plaintiff approached the
police station on 10-5-2019, seeking necessary action against

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the Defendants, and all the dates, when the Defendants made
frantic efforts to alienate the suit schedule property and the
cause of action is still continuing at Ballari, with in the
jurisdiction of this Hon’ble Court.
17. It is submitted that the suit schedule property being shed
and building, the suit is valued at Rs1000/- for the purpose of
permanent injunction and hence court fee of Rs.25/- is being
paid as per section 24(d) of Karnataka suit valuation and
court fees act
18. The plaintiff therefore prays that the Hon’ble Court be
please to a pass decree in favour of the plaintiff as against the
Defendants:
a. To restrain the defendants, his men agents, servants
and all such other persons claiming interest through
them from interfering with plaintiff’s peaceful
possession and enjoyments over the suit schedule
shed and buildings.
b. To award the cost of suit.
c. To grant any other relief or reliefs as the Hon’ble Court
may deem fit and proper under the facts and
circumstances of the case, which would meet the ends
of justice.

Advocate for the Plaintiff Plaintiff

SCHEDULE
1. The shed with walls and zinc sheets measuring east
to west 15 meters and south to west 11 meters
situated on the Industrial Plot No-B.
2. RCC annexure building ground and first floor
measuring 4.25 meters X 11.27 meters situate on

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the Industrial Plot No.15-A measuring North 40

meters, south 40 meters, east 25.27 meters and
west 25.27 meters at KIADB 1 st stage industrial
area Mundragi Ballari with following boundaries.
Both the shed and building are situated in South
east corner of the industrial plot No- B.
North: open left over land of plot No.15-B
South : KIADB ROAD
EAST: open left over land of plot No.15-B
WEST: left over open plot space Plot No.15-B

Advocate for the Plaintiff Plaintiff.

VERFICATION
I, the above named Plaintiff do hereby declare that
what is stated in the above paragraphs and in the
above schedule is true and correct to the best of my
knowledge, information and belief.
Verified and signed at Ballari on this 161, th day of May
2019.

Plaintiff.

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