Scribd
Upload
567 views2 pages

Drafting, Pleadings 4

1) The plaintiff entered into an agreement with the defendant to purchase a property for Rs. [amount] and paid an earnest amount, with the balance to be paid upon execution of the sale deed and possession transfer. 2) The plaintiff requested the defendant to execute the sale deed and transfer possession, but the defendant refused without reason. 3) The plaintiff is seeking a court order for specific performance directing the defendant to execute the sale deed and transfer possession of the property, as the defendant has failed to uphold their agreement despite the plaintiff's willingness to pay the outstanding amount.

Uploaded by

Manpreet Singh 1012
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
567 views2 pages

Drafting, Pleadings 4

1) The plaintiff entered into an agreement with the defendant to purchase a property for Rs. [amount] and paid an earnest amount, with the balance to be paid upon execution of the sale deed and possession transfer. 2) The plaintiff requested the defendant to execute the sale deed and transfer possession, but the defendant refused without reason. 3) The plaintiff is seeking a court order for specific performance directing the defendant to execute the sale deed and transfer possession of the property, as the defendant has failed to uphold their agreement despite the plaintiff's willingness to pay the outstanding amount.

Uploaded by

Manpreet Singh 1012
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/ 2

25

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT


IN THE COURT OF…………….., ROHINI COURT (DIST…….), DELHI
SUIT NO. ………OF………
IN THE MATTER OF :
X ___________
S/o _________________
R/o _________, New Delhi …PLAINTIFF

Versus
Y ___________
S/o _________________
R/o _________, New Delhi …DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

MOST RESPECTFULLY SHOWETH:


1. That the plaintiff is a resident of………
2. That the defendant is the absolute owner of the property bearing
no…….admeasuring (give details of the property) (hereinafter refered to as the suit
property).
3. That the plaintiff was in need of the property for residential purpose and came to know that
the Defendant is interested in selling the suit property.
4. That the plaintiff approached the defendant for purchasing the suit property on…..(date)
and the plaintiff and the defendant discussed the terms and conditions.
5. That on….(date), the plaintiff and the defendant entered into an agreement in writing
whereby the defendant agreed to sell his property to the plaintiff for Rs……….. The copy of
the agreement is annexed as Annexure A.
6. That the plaintiff paid Rs………to the defendant as earnest money and it was decided that
the balance of Rs……..will be paid on….... and the sale deed will be executed on the
possession of the suit property will be handed over to the plaintiff on the payment of the
balance amount.
7. That on……(date), the plaintiff approached the defendant and requested him to execute the
sale deed along with handing over of the possession of the suit property to the plaintiff.
However, the defendant refused to execute the sale deed.
8. That the plaintiff approached the defendant for execution of the sale deed on various
occasions (mention the dates), however, the defendant refused to execute the sale deed on one
pretext or the other.
9. That the plaintiff finally issued a legal notice dated…..(date) to the defendant calling upon
the defendant to perform his part of the agreement by executing the sale deed and handing
26

over the possession of the suit property to the plaintiff. However, the defendant failed to
comply with his part of the agreement and did not reply to the legal notice.
10. That the plaintiff is ready and willing to perform his part of agreement by paying the
balance amount.
11. That the cause of action arose on…..(date) when the defendant agreed to sell the suit
property to the plaintiff. The cause of action further arose on………….. It further
arose……That the cause of action is still subsisting as the defendant has refused to perform
his part of the agreement.
12. That the suit is within the period of limitation.
13. That this Hon’ble Court has jurisdiction to entertain this suit because the cause of action
arose within the territorial jurisdiction of the court.
14. That the requisite court fees have been paid.

PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a. pass a decree of specific performance of the agreement in favour of the plaintiff and
against the defendant directing the defendant to execute the sale deed and hand over the
possession of the suit property to the plaintiff,
b. award cost of the suit in favour of the plaintiff and against the defendant; and
c. pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.

Plaintiff
Place: Through
Date: Advocate

VERIFICATION:
Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the
plaint are true to my knowledge derived from the records of the Plaintiff maintained in the
ordinary course of its business, those of paras …. to 14 are true on information received and
believed to be true and last para is the humble prayer to this Hon’ble Court.

Plaintiff
[NOTE : The above plaint must be supported by an Affidavit]

*****

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