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BEFORE THE HONORABLE
SUBORDINATE COURT AT OTTAPALAM
OS /2025
John Dinakaran aged 59 years
s/o Sri D Isaac residing at 3/39
Kurunthachal Nagar, NGGO Colony
Vadamadurai PO, Coimbatore North
Tamil Nadu 641017 PLAINTIFF
Aadhar 949125273310
Mobile No. 7339636402
Not Differentially Abled
Thudiyalur Police Station Limit
v/s
Mathew Thomas aged 64 years
s/o Thomas residing at
Kallidukkanikkal House, Chittur(PO) DEFENDANT
Agali Village, Attappady Tribal Taluk
Palakkad district, Kerala 678581
Aadhar 593973383852
Not Differentially Abled
Agali Police Station Limit
PLAINT FILED UNDER SECTION 26 AND ORDER VII RULE
1 OF THE CODE OF CIVIL PROCEDURE, 1908
A. Address for service of notices and processes to the plaintiff
is that of his counsel.
B. Address for the service of all notices and processes to the
defendant is as shown in the cause title.
1 The plaintiff humbly submits this plaint for the recovery of
the amounts paid under a failed property sale transaction,
along with interest, against the defendant. The plaintiff and
the defendant, being brief acquaintances, orally agreed to
enter into a transaction for the sale of the defendant's
immovable property.
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2 The oral agreement culminated in a written sale agreement
on 10.02.2022. The property subject to this agreement is
more specifically described in the schedule below and ad-
measures 53 ares and 44 square meters (1.32 acres),
along with a residential house bearing No. 13/617 in Agali
Grama Panchayath. The total consideration for the sale was
fixed at ₹40,50,000/- (Rupees Forty Lakh and Fifty
Thousand only).
3 Based on the above sale agreement, the wife of the plaintiff
paid a sum of ₹25,00,000/- (Rupees Twenty-Five Lakh only)
through a bank transaction from her account in Al-Rajhi
Bank, Dammam Branch, to the defendant’s account (No.
0287053000000210) in South Indian Bank Limited,
Goolikkadavu Branch and a sum of ₹50,000/- (Rupees Fifty
Thousand only) was paid in cash on the same day to the
defendant by the plaintiff.
4 The agreement stipulated that the defendant, as the
proposed vendor, would execute the sale deed upon
clearing all liabilities and dues over the property. The
plaintiff, as the proposed purchaser, was required to pay the
balance sum of ₹15,00,000/- (Rupees Fifteen Lakh only)
within three months, i.e., by 10.05.2022.
5 Owing to the defendant's inability to obtain a possession
certificate as required by the agreement, the plaintiff and
defendant entered into a subsequent written agreement on
14.02.2023, extending the validity of the original agreement
by six months from the date of the second agreement. On
the same day, the plaintiff paid the remaining balance of
₹15,00,000/- (Rupees Fifteen Lakh only) to the defendant,
thereby fully fulfilling his contractual obligations. But at
that juncture the defendant was unable to procure certain
documents to effectuate the sale deed and hence both the
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defendant and the plaintiff was forced to enter into a 3 rd
Agreement and as per the said third agreement dated
06.12.2023, the defendant requested an additional six-
month extension from 06.12.2023 to arrange the necessary
documents.
6 Again, due to the defendant's inability to arrange the
necessary documents for registration of sale deed within the
agreed timeframe, the parties, through mediators, mutually
decided to cancel the sale agreement on 23.04.2024. As per
the terms of the cancellation agreement, the defendant
committed to refund a total amount of ₹44,00,000/- (Rupees
Forty-Four Lakh only), which included ₹40,50,000/- (Rupees
Forty Lakh Fifty Thousand only) as the sale consideration,
and ₹3,50,000/- (Rupees Three Lakh Fifty Thousand only) as
liquidated damages, considering the reasonable interest due
to the plaintiff for the amounts paid in advance. The
defendant agreed to refund this amount within a period of
six months, i.e., by 23.10.2024.
7 Despite the cancellation agreement, the defendant has
failed to refund the agreed amount even after repeated
requests and reminders. The plaintiff, having exhausted all
remedies, issued a registered lawyer’s notice on
30.01.2025, demanding the refund. The defendant,
however, refused to accept the notice, displaying
indifference and evasive behaviour.
8 The plaintiff understands that the plaint schedule property
is the sole immovable property owned by the defendant. The
defendant is attempting to alienate this property to
circumvent his liability, thereby necessitating a conditional
attachment to safeguard the plaintiff’s claim.
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9 The cause of action arose: (i) On 10.02.2022, the date of the
original agreement; (ii) On 23.04.2024, the date of the
cancellation agreement; and (iii) On 30.01.2025, the date of
the lawyer’s notice and at the plaint schedule property
situated in Agali Village, Attappadi, Tribal Taluk which is
within the territorial jurisdiction of this Honourable Court.
In light of the above circumstances, the plaintiff respectfully
prays that this Hon’ble Court may be pleased to:
RELIEFS
A. Direct the defendant to pay the plaintiff the sum of
₹44,00,000/- (Rupees Forty-Four Lakh only), along with interest
at 12% per annum from 23.10.2024 until realization;
B. Award the costs of this suit to the plaintiff; and
C. Grant any other relief that this Hon’ble Court may deem fit
and proper under the circumstances of the case.
Dated this the 14th day of March 2025
Counsel for the Plaintiff
Plaintiff
VALUATION
Valuation for prayer A interest @12 per cent from 23-10-2024
- ₹ 46,20,000/-
CF payable under section 22 of KCF & SV Act - ₹
3,88,000/-
CF paid under section 4 (a) of KCF act -₹
38,800/-
Balance court fee -
₹3,49,200/-
LBF - ₹ 46,200/-
LBF paid - ₹4,620/-
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Balance LBF -
₹41,580/-
Dated this the 14th day of March 2025
Counsel for the Plaintiff
Plaintiff
SCHEDULE OF PROPERTY
Boundaries
District
Village
Taluk
Right
North
South
West
East
Description
Road, Proeprty possessed
by Joseph and three feet
DIvya KArunya Madam
Property possessed by
Property with an extent
Balance Property
width pathway
of 0.5464 Hectare (1.32
Palakkad
Acres) cents along with a
Attapadi
Jenmam
Stream
Agali
residential house bearing
No. 13/617 comprised in
Survey No: 1306/1,2 in
Agali Vilage, Attapadi
Taluk, Palakkad District
Dated this the 14th day of March 2025
Counsel for the Plaintiff
Plaintiff
I, John Dinakaran aged 59 years s/o Sri D Isaac residing at 3/39
Kurunthachal Nagar, NGGO Colony Vadamadurai PO,
Coimbatore North, Tamil Nadu do hereby declare that all what is
stated above are true to the best of my knowledge, information
and belief and I signed this on the date mentioned above
Counsel for the Plaintiff
John Dinakaran
PLAINTIFF
LIST OF DOCUMENTS
1 Original Agreement for sale executed on 10.02.2022
between the Plaintiff and the Defendant
2 Original Agreement executed on 14.02.2023 between the
Plaintiff and the Defendant
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3 Original Agreement executed on 06.12.2023 between the
Plaintiff and the Defendant
4 Original Agreement to Cancel the sale agreement the
executed on 23.04.2024 between the Plaintiff and the
Defendant
5 True Copy of the lawyer’s notice sent to the defendant
dated 30.01.2025
6 Original Notice and cover returned to sender as ‘refused’.
Dated this the 14th day of March 2025
Counsel for the
Plaintiff
Filed On: 14.03.2025
Hearing On:
BEFORE THE HONOURABLE
SUB COURT
OTTAPALAM
O. S No. of 2025
BETWEEN
JOHN DINAKARAN - PLAINTIFF
AND
MATHEW THOMAS - DEFENDANT
PLAINT PRESENTED UNDER SECTION
26 ORDER VII RULE 1 OF THE CODE
OF CIVIL PROCEDURE FOR RETURN
OF ADVANCE MONEY
Valuation & Court Fee
Total Valuation > ₹ 46,20,000/-
Court Fee Payable > ₹ 3,88,000/-
Court Fee Paid: > ₹ 38,800/-
LBF Payable: > ₹ 46,200/-
Legal Benefits
Fund paid > ₹4,620/-
Balance LBF Payable > ₹41,580/-
Balance Court Fee > ₹3,49,200/-
ORDERS
ADDRESS OF THE COUNSEL
M.S SKARIA, REDSON SKARIA, ROHIT BABEN
& REGINA M.K
ADVOCATE, KUNNATHURMEDU
PALAKKAD
Ph: 9447083373, 9447434315, 8281712222
