Scribd
Upload
864 views

Suit For Specific Performance (Format)

The plaintiff Mana Mohan Engoor filed a suit against the defendant Dr. Sagee Sethu for specific performance of an agreement. The plaintiff had paid an advance of Rs. 25 lakhs to the defendant for purchase of a property according to a written agreement. However, the defendant later cancelled the agreement and refused to execute the sale, despite the plaintiff's attempts at negotiation. The plaintiff is seeking a decree for specific performance of the agreement, costs of the suit, and all appropriate interim reliefs. The suit is valued at Rs. 2,37,425.

Uploaded by

Bella
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
864 views

Suit For Specific Performance (Format)

The plaintiff Mana Mohan Engoor filed a suit against the defendant Dr. Sagee Sethu for specific performance of an agreement. The plaintiff had paid an advance of Rs. 25 lakhs to the defendant for purchase of a property according to a written agreement. However, the defendant later cancelled the agreement and refused to execute the sale, despite the plaintiff's attempts at negotiation. The plaintiff is seeking a decree for specific performance of the agreement, costs of the suit, and all appropriate interim reliefs. The suit is valued at Rs. 2,37,425.

Uploaded by

Bella
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

BEFORE THE HON’BLE DISTRICT COURT,

THIRUVANANTHAPURAM

IN

ORIGINAL SUIT No. of 2021

BETWEEN
Mr. MANA MOHAN ENGOOR PLAINTIFF

AND
Dr. SAGEE SETHU DEFENDANTS

SUIT FOR SPECIFIC PERFORMANCE

ADDRESS FOR SERVICE OF PARTIES

PLAINTIFF

Mana Mohan Engoor aged 30 years, S/o Harilal Engoor, Proprietrix, Oceanus
Green Valley Kallayam, Trivandrum, Kerala.

(All notices and processes to the Plaintiff in connection with this suit may be
served on her in the C/o Antara, Advocate, Sree Bhadra, Vanchiyoor-Pattoor
Road, Vanchiyoor, Thiruvananthapuram 695 035)

DEFENDANTS

Dr. Sagee Sethu, resident at Oceanus Green Valley Kallayam, Trivandrum,


Kerala.

(All notices and processes to the Defendants in connection with this Original
Suit may be served on them, on their addresses given above)
PLAINT PRESENTED UNDER ORDER 22, RULE X OF THE CODE OF
CIVIL PROCEDURE, 1908.

The Plaintiff submits as follows:-

1. The Plaintiff is the neighbor of defendant in Oceanus Green Valley


Kallayam, Trivandrum, Kerala.

2. The Defendant is the proprietary of the property that was sold to the
plaintiff in a written agreement, at a specific amount.

3. The Plaintiff made an advance payment of Rupees Twenty Five Lakhs


(25,000) to the Defendant on 20-4-2021, as per the defendants request.

4. The Cheque i.e., Cheque No. CHQ/037/18-19 dated 22-04-2021 for Rs.
25,000 which was due on 20-04-2021 was handed over to the Defendant on 21-
4-2021.

5. The Defendant withdrew the amount on 22-4-2021 from Canara Bank,


Thiruvananthapuram.

6. On 24-4-2021, the Defendant informed the Plaintiff via, email that the
agreement was cancelled due to prior arrangement with his relatives related to
the property.

7. The plaintiff has tried to negotiate on the price and the agreement of the
property with the Defendant, but to no avail the Defendant has refused to hand
over possession of the property and execute the agreement.

8. The Plaintiff is, as such, left with no other alternative than to approach
this court seeking relief.

9. The Plaintiff wishes that the Defendant executes his obligation as, the
plaintiff has put in his life-savings towards acquisition of the property as well as
maintain the agreement in good faith.

10. The cause of action for this Suit has arisen within the jurisdiction of this
Hon’ble court both at Thycaud Village where the transaction took place and at
Manacaud Village where the Defendants property is located. The cause of
action for this Suit has arisen from 24-4-2021 when the Defendants were liable
to execute the agreement,

11. The Plaintiff therefore prays that the Defendants may be summoned and
the following reliefs may be awarded to the Plaintiff.

RELIEFS

a) That the Plaintiff be granted a decree for the suit of specific performance
of the agreement as per the statement of accounts annexed herewith, charged on
the assets, both movable and immovable of the Defendants.

b) That the Plaintiff be awarded all interlocutory reliefs appropriate to the


nature of the Suit, for which the Plaintiff will move this Court at appropriate
stages of the Suit.

c) That the Plaintiff be awarded all its costs in the Suit including
Advocate’s fees to be recovered from the Defendants and all their assets, both
movable and immovable.

VALUATION AND COURT FEES

The Suit is valued for the purposes of jurisdiction, valuation and Court
Fees at Rs. 2, 37, 425/- and an amount of Rs. 22, 150/- is payable as court fees
under Section 22 of the Kerala Court Fees and Suits Valuation Act, 1959. An
amount of Rs. 2375 is payable as per the Legal Benefit Fund Rules @ 1% of the
amount involved in the dispute. 1/10th of the said court fee payable, being Rs.
2215/- is levied and paid herewith under Section 4 (A) of the said Act. 1/10th of
the amount payable as Legal Benefit Fund being Rs. 240/- is levied and paid
herewith under Section 4 (A) of the said Act.

Dated this the 13th day of November, 2021

ADVOCATE PLAINTIFF
I, xxxxxxxxx, the Plaintiff herein, do solemnly state that the facts stated
above are true and correct.

Dated this the 13th day of November, 2021

PLAINTIFF
STATEMENT OF ACCOUNTS

Principal Amount Rs. 2, 25, 655/-

ADD
Interest thereon at 18%
Rs. 6, 770/-
from 31-08-2021 to 31-10-2021

ADD
Rs. 5, 000/-
Notice Charges

TOTAL AMOUNT 2, 37, 425/-

PLAINTIFF
LIST OF DOCUMENTS

1. Copy of agreement dated 20-04-2021 sent by the Defendant to the


Plaintiff.

2. Copy of Cheque dated 22-04-2021 sent by the Plaintiff to the


Defendants.

3. Copy of email dated 24-06-2021 on the cancellation of the agreement by


the Defendant to the Plaintiff.

ADVOCATE FOR THE PLAINTIFF


BEFORE THE HON’BLE PRINCIPAL
MUNSIFF’S COURT,
THIRUVANANTHAPURAM
IN
ORIGINAL SUIT No. of 2021

BETWEEN

Mr. Mana Mohan Engoor PLAINTIFF

AND

Dr. Sagee Sethu DEFENDANTS

SUIT FOR RECOVERY OF MONEY

Valuation Rs. 2, 37, 425/-


Court Fee Rs. 22, 150/-
LBF Rs. 2, 375/-
1/10th court fee paid Rs. 2, 215/-
1/10 of LBF paid Rs. 240/-

Antara Das
Advocate

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy