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15 views

plaint 2

Uploaded by

GHOST PERSON
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT

INJUNCTION

Respectfully Sheweth:
1. That the defendant No. 2 was owner of plot No. 1452
measuring 30x60 Sector I-11/2 Islamabad (hereinafter
called “the suit plot”) vide allotment letter dated
19.03.1996 issued by defendant No. 3 where as the
defendant No. 1 is duly appointed general attorney of
defendant No. 2 vide registered deed of general power
of attorney No. 1047 dated 06.10.1996.

2. That the plaintiff entered into an agreement to sell


dated 12.02.2016 with defendant No.1 regarding the
purchase of the suit plot against total sale consideration
of Rs.42,00,000/-. The plaintiff paid and defendant No.1
received an amount of Rs. 10,00,000/- as earnest
money / part payment, acknowledged in the Agreement
dated 12.02.2016. The remaining sale consideration of
Rs.32,00,000/- was to be paid at the time of transfer of
the suit plot

3. That the original deed of attorney as well original


allotment letter has been handed over to the plaintiff.

4. That the plaintiff arranged and offered the remaining


amount of Rs.32,00,000/- to the defendant No.1 and
requested him to transfer “the suit plot” in his name
who initially delayed the matter on one pretext or the
other but yesterday he has flatly refused to get the suit
plot transfer in the name of the plaintiff and also
refused to receive the amount of Rs.32,00,000/- on the
pretext that the prices of the land has been enhanced
in the meanwhile and illegally demand further amount
in violation of agreement dated 16.02.2016.

5. That the plaintiff is / was ready to perform her part of


the agreement by paying remaining amount of sale
consideration but defendant No.1 & 2 are not abiding
their commitment. It is worth while to mention here that
earlier plaintiff has performed his part of the
agreement.

6. That the plaintiff has now learnt on good authority that


defendants are going to resell “the suit plot” in violation
of above said agreement dated 16.02.2016 as human
greed has prevailed upon him and all requests,
reminders made to him in this behalf has born no fruit,
hence this suit.

7. That the plaintiff is entitled for a decree for specific


performance of Agreement dated 16.02.2016, directing
the defendants to transfer “the suit property” in the
name of the plaintiff and he is also entitled for
permanent injunction restraining the defendants from
further alienating “the suit property” to any one else
except the plaintiff in any manner whatsoever.
8. That cause of action accrued to the plaintiff against the
defendants lastly yesterday, it continue the suit is thus
within time.

9. That cause of action accrued to the plaintiff and against


the defendants at Islamabad where also the suit plot is
situated hence this honourbale court has got jurisdiction
to entertain the suit, try the same and grant relief
claimed.

10. That the valuation of the suit for purpose of court fee
and jurisdiction is fixed at Rs.42,00,000/- and maximum
court fee of Rs.3,000/- will be affixed.

PRAYER
It is therefore respectfully prayed that the Honourable
Court may very graciously be pleased to pass following
decrees:
a. A decree for specific performance of agreement to sell
dated 16.02.2016 directing the defendants to transfer
the suit plot No. 1452 measuring 30x60 Sector I-11/2
Islamabad in the name of the plaintiff.

b. A decree for permanent injunction restraining the


defendants from further alienating the suit property to
any one else except the plaintiff in any manner
whatsoever.
c. Any other relief which this Honourable court may deem
fit and proper may also be awarded.

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