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Suit For Specific Performance of Contract To Sell A Residential Plot

The plaintiff filed a suit against the respondent for specific performance of a contract to sell a residential plot. According to the contract signed in 2008, the plaintiff agreed to purchase Plot No. 123 for Rs. 40,000 from the respondent, paying Rs. 10,000 initially. However, the respondent has since refused to accept the remaining payment or transfer ownership of the plot, despite the plaintiff's repeated attempts. The plaintiff is now seeking an order from the court directing the respondent to accept the remaining payment and convey ownership of the plot, as well as compensation for losses due to the respondent's non-performance of the contract.

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2K views

Suit For Specific Performance of Contract To Sell A Residential Plot

The plaintiff filed a suit against the respondent for specific performance of a contract to sell a residential plot. According to the contract signed in 2008, the plaintiff agreed to purchase Plot No. 123 for Rs. 40,000 from the respondent, paying Rs. 10,000 initially. However, the respondent has since refused to accept the remaining payment or transfer ownership of the plot, despite the plaintiff's repeated attempts. The plaintiff is now seeking an order from the court directing the respondent to accept the remaining payment and convey ownership of the plot, as well as compensation for losses due to the respondent's non-performance of the contract.

Uploaded by

AAKANKSHA BHATIA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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In the Court of Civil Judge Class - I at Indore

Suit No. ………… / 20…….

A. B. s/o B. C.

123, A B Road, Indore, MP ......................................... Plaintiff

Vs.

M. N. s/o O. P.

456, A B Road, Indore, MP ......................................... Respondent

Suit for Specific Performance of Contract to sell a residential plot

The plaintiff respectfully states as follows : -

Inducement:

(1) Plaintiff is a Govt. Servant working in Indore, MP. and so on

(2) Respondent is a property broker having an office at ...

Material Facts of the case:

(3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No 123 at Rani Bagh
Colony, Indore. A copy of the contract is attached with the petition.
(4) The boundaries of the plot is as under:

East: Road

West: Plot number 124

North: Road

South: Colony wall

(4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed upon in the
contract, is Rs. 40,000/-.

(5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI, Indore Branch at the
time of making the contract and promised to do registry upon payment of remaining amount of 30,000/-

(5) The plaintiff tried to pay the remaining amount on several occasions by cash as well as check but the
respondent refused to take the payment.

(6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.

(7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the respondent is not willing to
transfer the said plot.

Cause of Action and Limitation

(8) The cause of action for the present suit first arose on 10/10/2009, when the respondent refused to
convey the said property as per the terms of the agreement and hence, the suit filed today is within
time.

Valuation:

9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-.

Jurisdiction:

(10) The plot is located in Indore, which is within this court's territorial jurisdiction.

(11) The value of the contract is 40,000/- which is within this court's pecuniary jurisdiction.

Relief Claimed:

(12) The plaintiff, there fore prays that

the court be pleased to order the respondent to perform his part of the contract by accepting the
remaining payment and conveying the said plot to the plaintiff.

the plaintiff be permitted to deposit the balance of consideration in this Hon'ble Court.
the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost of this
litigation.

Place: …………………. (Signature of the plaintiff)

Date: …………………..

YYY

Advocate

Verification

I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct and true to the best
of my knowledge and contents from para 5 to 12 are based on legal advice, which I believe to be correct.
Affirmed at Indore this 4th Day of September 2009.

(Signature)

Plaintiff

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