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Suit for Specific Performance of Contract

IN THE COURT OF DISTRICT & SESSION JUDGE, [[DISTRICT OR PLACE]].

Suit no . . . . . . . . .  of 20. . .

IN THE MATTER OF:

[[Name of the Plaintiff]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Plaintiff]].

Mobile: [[Mobile No. of the Plaintiff]].

Or

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

. . . Plaintiff

Versus

[[Name of the Defendant/Respondent]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Defendant/Respondent]].

Mobile: [[Mobile No. of the Defendant/Respondent]].

Or

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

. . . 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 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:

  1. 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,
  2. award cost of the suit in favour of the plaintiff and against the defendant; and
  3. pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of this case.

Date: [[mention the date of filing]]

Place: [[Name of the Place]]

[Signature of the Plaintiff]

[Name of the Plaintiff]

Through

[[Signature of the Advocate]]

[[Name of the Advocate]]

[[Name of the Law Firm: LawDocs Associates]]

[[Address, e-mail & mobile no. of the Advocate]]

VERIFICATION

Verified at [[Place]] on this [[Date: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 …. are true on information received and believed to be true and last para is the humble prayer to this Hon’ble Court.

[[Signature of the Plaintiff]]

[[Name of the Plaintiff]]

 

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

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