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Fact For Specific Performance

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BHUVANA THANGAMANI
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14 views

Fact For Specific Performance

Uploaded by

BHUVANA THANGAMANI
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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Fact for specific performance

Mr Ramkumar is a government employee residing at Rajajinagar,


Bangalore. Mr Rajesh is a businessman owning a property at
Malleshwaram, House no. 92, who wants to sell the property in
Malleshwaram House no. 92 Bangalore. Mr Ramkumar and Mr Rajesh
entered into an agreement on 6th July 2023. The total value of the
property is 25000000/-, a sum of Rs 5000000/- was paid to Mr Rajesh
cheque bearing no. 001245 dated October. Mr Ramkumar tried to pay
the balance amount on number of occasions, were Mr Rajesh refused
to receive the amount. Mr Ramkumar sent a legal notice to Mr Rajesh
on November 24.

Institute a suit for specific performance.


Written statement
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL

IN THE COURT OF THE....................

Suit No..................... of 19....................

C. D.................................................................... Plaintiff

versus

C. F................................................................. Defendant

The abovenamed plaintiff most respectfully submits as under: —

1. On.................... 19.................... C. F. Defendant through an agreement to sell his.................... bighas


of Bhumidhari land, situate in village.................... of tahsil.................... of District.................... detailed in
the schedule hereto annexed agreed to sell the land aforesaid to the plaintiff for Rs..................... /-
(Rs. ........................................ ), within six months from the date of the agreement aforesaid after
taking permission from the Collector of the District, as the defendant belongs to the Schedule
Castes.

2. The agreement aforesaid was got registered before the Sub-Registrar .................... of
District.................... and Rs..................... were paid as earnest money and possession of the land was
given to the plaintiff.

3. The plaintiff has been requesting the defendant to obtain the permission from the Collector
and to execute the sale deed for consideration as aforesaid.

4. That when the period of six months aforesaid was about to expire, the plaintiff intimated the
defendant through a registered notice dated.................... 19.................... received by the defendant
on.................... to execute the sale deed after obtaining the required permission of the Collector of
the District, but the defendant did not do the same.

5. Cause of action arose within the jurisdiction of this Court on.................... 19.................... after the
expiry of six months from the date of agreement aforesaid, when the defendant received the
notice of the plaintiff and thereafter the plaintiff neither replied to the notice of the plaintiff, nor
complied with the terms thereof.

6. The valuation of the suit is Rs..................... and for the purpose of court fee is Rs..................... the
one fifth amount of the valuation in case of seeking an injunction, and court fee thereon is paid.

7. The balance of convenience is in favour of the plaintiff and it is expedient that a mandatory
injunction may be issued to the defendant to execute the sale deed as agreed.

RELIEF CLAIMED:
The relief claimed by way of this suit is:

The defendant be directed by issuing a mandatory injunction to execute the sale deed as agreed
in favour of the plaintiff.

Plaintiff

Through Advocate

VERIFICATION

I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the
plaint are true to my personal knowledge and those of paras.................... and.................... thereof are
based on legal advice which I believe to be true.

Verified on this................. day of.................... 19.................... at....................

Plaintiff

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