PROBLEM

RAMARAO agreed to sell an immovable property

situated in situated at Kanuru, Penamaluru Mandal,
to KALYAN for a total sale consideration of Rs.
50,00,000/- vide an unregistered sale agreement
reduced into writing on 01-01-2019.

KALYAN paid an amount of Rs. 10, 00,000/- advance

the on the date of agreement and the seller accepted
the same. The residual sale consideration should be
paid by the buyer within 2 months from the date of
agreement and that seller after the acceptance of
the same has to execute a registered sale deed in
favor of the buyer (Later, RAMA RAO , sold the same
house to another “B” for Rs. 55, 00, 000/-)

Acting accordingly , buyer made a tender to pay the

residual sale consideration, but the seller has been
unready and unwilling to perform his part of
contractual obligations

Hence, the buyer issued a registered legal demand

notice dated 15-03-2019 through his legal counsel
against the seller calling him to fulfill his contractual
obligation in accordance with sale agreement dated
01-01-2019

After having received the said legal notice , seller

was silent.
Draft a plaint on behalf of
KALYAN for specific
performance of a contract
in relation to sale of a
house by RAMA RAO for a
total consideration of Rs.
50,00,000/-.
MODEL

PLAINT
ORDER VI

Pleading.—“Pleading” shall

mean plaint or written

statement.
Section 26 of Civil Procedure

Code, 1908

Institution of suits. — 1 [(1)]

Every suit shall be instituted by

the presentation of a plaint or in

such other manner as may be

prescribed.
ORDER VII

Plaint
1. Particulars to be contained in plaint.—The plaint
shall contain the following particulars:—
(a) the name of the Court in which the suit is
brought;
(b) the name, description and place of residence of
the plaintiff;
(c) the name, description and place of residence of
the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or
a person of unsound mind, a statement to that
effect;
(e) the facts constituting the cause of action and
when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or
relinquished a portion of his claim, the amount so
allowed, or relinquished; and
(i) a statement of the value of the subject-matter of
the suit for the purposes of jurisdiction and of
court-fees, so far as the case admits.
RULES ARE STATED IN
C.P.C….

BUT WHERE CAN WE

FIND A MODEL PLAINT?

OR

PROFORMA OF A
PLAINT…………..
 CIVIL RULES OF PRACTICE,
1990

In exercise of the powers conferred by Article 227 of

the Constitution of India and Section 125, 126 of the

Code of Civil Procedure, 1908 and with the previous

approval of the Governor of Andhra Pradesh , the High

Court of Andhra Pradesh hereby makes the following

Rules and Circular orders for the guidance of

Subordinate Civil Courts in the State of Andhra

Pradesh, except the Court of small Causes

CIVIL RULES OF PRACTICE,
1990
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE
AT VIJAYAWADA
O.S. No:

/2019
Between:
Kalyan, S/o. Sham Sundar,
aged about 50 years,
R/o. Kanuru Village, Penamaluru Mandal,
Krishna District. ………. Plaintiff
AND

Rama Rao, S/o. Seta Ram,

aged about 40 years,

R/o. Kanuru Village, Penamaluru Mandal,

Krishna District ……… Defendant

PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER SECTION

26, ORDER VII, RULES 1 & 2 OF CPC R/w. SECTION 20 OF
SPECIFIC RELIEF ACT, 1963
The above named plaintiff respectfully submits as follows:

I. a) DESCRIPTION OF THE PLAINTIFF:

Kalyan, S/o. Sham Sundar, aged about 50 years, agriculturist ,R/o. Kanuru
Village, Penamaluru Mandal, Krishna District.
Address for service of summons, notices and processes on the plaintiff
shall be to the care of his legal counsel as given hereinunder:
Sri. xxxxxxx,
Advocat
e,
Vijayawada.
I. b) DESCRIPTION OF THE DEFENDANT:

Rama Rao, S/o. Seta Ram, aged about 40 years, occupation: agriculturist, R/o.
Kanuru Village, Penamaluru Mandal, Krishna District.

Address for service of summons, notices and processes shall be the

same as given hereinabove.
II. FACTS OF THE CASE:
2.1) That the plaintiff herein humbly submits that the defendant is the absolute
owner of the land property to a total extent of Ac. 1- 00 cents in R.S. No:
42/32, situated at Kanuru Village and the more details and particulars of
which are fully described in the schedule appended hereunder and the said
property hereinafter described as the schedule property for the sake of
brevity.

2.2) The plaintiff further submits that the defendant agreed to sell the schedule
property to the plaintiff for a total sale consideration of Rs. 50,00,000/-
(Rupees fifty lakh only) vide an unregistered sale agreement reduced into
writing on 01-01-2019. As per the terms and conditions of the said
agreement, the plaintiff paid an amount of Rs. 10, 00,000/- (Rupees ten lakh
only) by way of advance to the defendant on the even date of agreement
and the defendant accepted the same.

2.3) It is further humbly submitted that as per the terms and conditions of the
agreement concluded between the plaintiff and defendant, the residual sale
consideration should be paid by the plaintiff within 2 months from the date
of agreement and the defendant after the acceptance of the same has to
execute a registered sale deed in favor of the plaintiff or his order.

2.4) It is further respectfully submitted that the plaintiff has always been ready
and willing to perform his part of contractual obligations by offering to pay
 the residual sale consideration of Rs.40,00,000/(Forty lakh only) to the
defendant but the defendant refused to accept the same for inexplicable
reasons. The plaintiff is still ready and willing to discharge his part of his
contractual obligations but the defendant has been unready and unwilling
to perform his part of his contractual obligations on one pretext or the
other.

2.5) Hence, the plaintiff was constrained to issue a registered legal demand
notice dated 15-03-2019 through his legal counsel against the dependent
calling upon the defendant to come forward to fulfill his contractual
obligation in accordance with sale agreement dated 01-01-2019 by
accepting the residual sale consideration from him. But, the defendant
having received the said notice, neither replied nor complied with the
legitimate demand of the plaintiff and further chosen to keep stony and
stoic silence. Hence, the plaintiff is left with no option except to file the
present suit for specific performance of agreement of sale dated 01-01-
2019 and for other reliefs.

III. CAUSE OF ACTION:- for the present suit arose on 01-01-2019 when the

contract was concluded between the plaintiff and defendant for sale of land
property for a sale consideration of Rs. 50,00,000/- (Rupees fifty lakh only) and
when the plaintiff paid an advance amount of Rs. 10,00,000/- (Rupees ten lakh
only) to the defendant on the even date and subsequently, when the plaintiff
offered to perform his part of contractual obligations by offering to pay the
entire balance sale consideration but the defendant refused to accept the same
and subsequently, on 15-03-2019 when the plaintiff got issued a legal demand
notice through his counsel against the defendant and the defendant
 after having received the said legal notice has chosen to keep stony silence

and therefore, the plaintiff is left with no option except to file the present suit.

The suit schedule property is situated at Kanuru, Penamaluru Mandal,

and where at only the sale agreement was entered into and concluded in
between the defendant and the plaintiff and therefore, the Hon’ble court has
necessary authority and jurisdiction to try and adjudicate the subject matter of
the present suit.

IV. PARTICULARS OF SUIT CLAIM:-

The plaintiff values the

relief for specific
performance of agreement of
sale
: Rs. 50,00,000/-
dated 01-01-2019
-----------------------
-----
Total: : Rs. 50,00,000/-
-----------------------
----

on which a court fee of Rs. /- is herewith paid U/s 39 of Andhra

Pradesh Court Fees and Suit Valuation Act, 1956.
The value of the suit for the purpose of CF and jurisdiction U/s 50(1) of
APCF & SV Act, 1956 is Rs. 50,00,000/-.

In the light of afore mentioned facts and submissions, the plaintiff

humbly prays that the Hon’ble court may be pleased to pass a decree and
judgment in his favor and against the defendant:
 a) For specific performance of agreement of sale dated 01-01-2019,
directing the defendant to execute a registered sale deed in favor of
the plaintiff at his expenses after receiving balance sale consideration
of Rs.40,00,000/- or in the alternative, to refund the advance amount
received by the defendant and further award compensation;
b) Award costs of the suit; and

c) Pass such other relief or reliefs which the Hon’ble court may deem fit

and proper in the interests of justice, equity and fair play.

Filed by: Be pleased to consider

Advocate for Plaintiff PLAINTIFF

VERIFICATION
I, Kalyan, S/o. Sham Sundar, aged about 50 years, occupation: agriculturist, R/o.
Kanuru Village, Penamaluru Mandal, Krishna District, solemnly state and affirm
that the contents of Paras: 1 to 2.4 are true and correct and I also believe that the
contents of the remaining paras are also veracious upon what had been informed
to me by my legal counsel.

Station: Vijayawada,
Date: - 03 -2019. PLAINTIFF

LIST OF DOCUMENTS FILED ON BEHALF OF THE PLAINTIFF

SL. Date Description of document No. of pages

No.
1 01-01-2019 Original copy of the Agreement of --
sale
 2 15-03-2019 O/c of Legal notice --

3 18-03-2019 Proof of postage along with postal --

Ack. Receipt from the Defendant

Filed by: Be pleased to consider

Advocate for Plaintiff PLAINTIFF

What are stated above are true and correct to the best of my
knowledge, belief and information.

Station: Vijayawada,
Date: - 03 PLAINTIFF
-2019.
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE
AT VIJAYAWADA
O. S. No: /2019

Between:

Kalyan …………… Plaintiff

AND

Rama Rao …………… Defendant

SCHEDULE OF THE PROPERTY FILED ON BEHALF OF THE

PLAINTIFF

Krishna District: DRO Vijayawada, Kankipadu SRO, within the limits of

Gram panchayat area, Kanuru Village, Penamaluru Mandal, in R.S. No:
42/32, landed property to an extent of Ac. 1-00 cents, and the property is
being bounded by:

East : land property of xxxxxx

South : panta bode
West : Property of xxx and others
: Property of xxxx.
North

Filed by: Be pleased to consider

Advocate for Plaintiff PLAINTIFF

Facts stated above are true and correct to the best of my knowledge,
belief and information.

Station: Vijayawada
Date: -03 -2019. PLAINTIFF
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE
AT VIJAYAWADA
O.S.NO. /2019

Between:
Kalyan ………. Plaintiff

AND
Rama Rao ………… Defendant

WRITTEN STATEMENT FILED ON BEHALF OF THE DEFENDANT

UNDER ORDER VIII, RULE 1 OF CPC:

The above named Defendant humbly submits as follows:

1) The material allegations set out in the plaint are neither true nor correct. The
Plaintiff must prove each and every allegation which is not specifically traversed
by this Defendant.

2) The suit is not maintainable either on facts or at law and the same is liable to
be dismissed in limini.

3) The Defendant respectfully submits that concerning the allegations set out in
Para No.1 of the plaint that the Defendant is the absolute owner of the land to
an extent of Ac.1-00 cents in R.S.No.32/42 of Kanuru village may be true.

4) The allegations made in Para No.2 of the plaint that the Defendant agreed to
sell the suit schedule property to an extent of Ac.1-00 cents situated at Kanuru
village for a total sale consideration of Rs.50,00,000/- (Rupees fifty lakh only);
and the terms are reduced into writing by an agreement of sale dated 01-01-
2019; that the Plaintiff paid an amount of Rs. 10,00,000/- (Rupees ten lakh only)
towards advance sale consideration; that as per terms and conditions of the
 agreement, the Plaintiff has to pay the balance sale consideration of Rs.
Rs.40,00,000/- (Rupees fourty lakh only) to the Defendant within two months;
and the Defendant has to execute a registered sale deed in favour of the
Plaintiff at his expenses are not true and correct and hence denied. This
Defendant respectfully submits that he never offered to sell his land mentioned
supra either to the Plaintiff or to any other party. The recitals of the alleged
agreement of sale are nothing but concocted and invented for the purpose of
the filing this vexatious suit.

5) The allegations set out in Para No.3 of the plaint that the Plaintiff many a time
offered to pay the balance sale consideration and demanded the Defendant to
execute a registered sale deed in his favour, but the Defendant much
reasonably declined to accept the sale is not at all true and correct.

6) Concerning the allegations made in Para No. 4 of the plaint that the Plaintiff
got issued a legal notice dated 15-03-2019 through his counsel against the
Defendant calling upon him to come forward to perform his part of contractual
obligation; that the Defendant having received the said notice and chose to
keep silence for the reasons best known to him; that the Plaintiff is still ready
and willing to perform his part of contractual obligation by paying balance sale
consideration; that the Defendant is intentionally evading to perform his part
of contractual obligation and postponing the same on one pretext or the other
by giving evasive and escaping replies are not true and correct and hence
denied.

7) The Defendant humbly submits that as stated above, he once again reiterating
that he had no intention to sell his landed property to the Plaintiff or to any
other party. Further, he never entered into any contract to sell his property and
never executed the alleged agreement of sale by receiving the advance sale
 consideration of Rs.10,00,000/- (Rupees ten lakh only). Therefore, there is no
privity of contract between the Defendant and Plaintiff as alleged in the plaint.
Further, the Defendant submits that the boundaries shown in the schedule are
not true and correct and also does not pertain to the suit schedule land. This
Defendant reserves his right with the leave of the Hon’ble Court to appoint an
Advocate Commissioner to take the physical features of the alleged schedule
property and to submit his report into the Hon’ble Court to arrive just and
correct conclusion of the case.

8) There is no cause of action for the suit and the alleged cause of action prayed
for in the suit is not at all true and correct.

In the light of aforementioned facts and submissions, this Defendant

humbly prays that the Hon’ble Court may be pleased to dismiss the suit with
costs in the interest of justice, equity and fair play.

Filed by: Be pleased to consider

Advocate for Defendant DEFENDANT

Facts stated above are true and correct to the best of my knowledge,
belief and information.

Station: Vijayawada
Date: -03 DEFENDANT
-2019
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE AT
VIJAYAWADA

O.S. No:
/2019

Between:
Kalyan, S/o. Sham Sundar, aged about 50 years,
R/o. Kanuru Village, Penamaluru Mandal, Krishna District……………………PLAINTIFF

AND

Rama Rao, S/o. Seta Ram, aged about 40 years,

R/o. Kanuru Village, Penamaluru Mandal, Krishna District……………………DEFENDANT

AFFIDAVIT FILED BY THE PLAINTIFF UNDER SECTION 26(2)

OF CIVIL PROCEDURE CODE:

I, Kalyan, S/o. Sham Sundar, aged about 50 years, R/o. Kanuru Village,
Penamaluru Mandal, Krishna District, do hereby solemnly affirm and sincerely state
on oath as follows:
1. I am the Petitioner herein and agriculturist. I am well acquainted with the facts
of the present case and further authorized to depose the present affidavit. I
seek the leave of the Hon’ble Court for reading the contents of the plaint filed
by the plaintiff as a part and parcel of the present affidavit for the sake of
brevity.
2. I submit that the Plaintiff submits that the defendant agreed to sell the schedule
property to the plaintiff for a total sale consideration of Rs. 50,00,000/-
(Rupees fifty lakh only) vide an unregistered sale agreement reduced into
writing on 01-01-2019. As per the terms and conditions of the said agreement,
the plaintiff paid an amount of Rs. 10, 00,000/- (Rupees ten lakh only) by way
of advance to the defendant on the even date of agreement and the defendant
accepted the same
3. I further submit that the defendant was unwilling and reluctant when plaintiff is
ready to pay the residual sale consideration within 2 months from the date of
agreement and to execute a registered sale deed in favor of the plaintiff
 The details regarding the property has been more fully described in the
schedule appended to the Petition and hereinafter referred to as petition
schedule properties.
4. I further submit that it is reliably learnt that the Defendant with an ulterior
motive and malafide intention, has not been enforcing his part of the Contract.
It is further submitted that prima facie case and balance of convenience are in
favor of the Petitioner

In the light of foregone facts and submissions, the Plaintiff humbly prays that the
Hon’ble Court may be pleased to pass orders directing the Respondent /
Defendant to enforce the contractual obligations .

Filed by Be pleased to consider

Advocate for Petitioner / Plaintiff DEPONENT

Solemnly affirmed and signed before me on this day of March ……….. 2019.

ADVOCATE
 Solemnly affirmed and signed before me on this the day of March,
2019.

ADVOCATE