SUIT FOR SPECIFIC PERFORMANCE
PLAINT
Sukumar, S/o Ramakrishnan, an agriculturist, aged 52 years,
residing at Karunalayam in ………….Village, ………. Taluk,
………………… District Agreed to Sreedhar, s/o Ayyapan, a
businessman, aged 37 years, residing at Sreevilas, in the Same
village, on …….. to sell 12 cents of land in survey No. 358 of
the same village and more fully described in the agreement for
an amount of Rs………………. And received Rs……. As
advance. Since Sukumar has refused to effect the sale, Sreedhar
Wants to file a suit for specific performance.
(Cause title )
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT
1.I am the plaintiff in the case and the petitioner
herein. I know the facts of the case
2.The suit is for specific performance of an
agreement
3.On …….. the plaintiff and the defendant entered
into an agreement whereby the defendant agreed
to sell and the plaintiff to purchase the plaint-
scheduled property, 12 cents in extent in survey
number 358 of …… Village, ……. TAluk for a
total consideration of Rs….. on the same day the
plaintiff paid an advance of Rs…… to the
defendant. It was specifically provided in the
agreement that the sale was to be completed
within a period of three months from the date of
the agreement, and that the balance of the
purchase price was to be paid at the time of
agreement, and that the balance of the purchase
price was to be paid at the time of the
registration of the sale deed. It was further
agreed that the defendant, within the same
period, would convince the plaintiff as to the
title and extent of the property by actual
measurement and production of proper
documents and certifications.
4.The defendant, in violation of the terms and of
the aforesaid agreement, has not effected the
sale. He has neither convinced this plaintiff as to
the title and extent of the plaint scheduled
property, nor even applied for an encumbrance
certificate. The defendant has thus committed
the breach of agreement.
5.The plaintiff has several times demanded the
defendant to effect the sale, but in vain; and last
on ……. The plaintiff caused a registered notice
to be issued through his advocate to the
defendant, but the same also was not replied.
6.The plaintiff was, and is prepared to purchase
the plaint scheduled property for the price fixed
in the agreement. The plaintiff s depositing Rs.
…… as the balance of the price due under the
agreement.
7.The plaintiff is entitled to specific performance
of the agreement. The defendant has duty to
transfer the plaint schedule property to the
plaintiff by a registered sale deed.
8.The cause of action for this suit arose on ……..
the date within which the sale was to be
completed, and thereafter at ………. Village
within the jurisdiction of this court.
9.The plaintiff estimates the value of the reliefs
sought by him at the sum of
Rs…………………………. For the purpose of
court fees under the court fees Act and at the
same amount for the purposes of jurisdiction.
10. The plaintiff prays that this Hon’ble court
may be pleased to pass a decree:
a)Directing the defendant to effect the sale of
the plaint scheduled property to the plaintiff
by a sufficient agreement
b) In the alternative, directing the
defendant to pay Rs…… to the plaintiff as
damages for braech of Contract
c)Directing the defendant to pay the costs of
the suit to the plaintiff
d) For such other reliefs, as are deemed fit
and proper in the interest of justice, and
which may be prayed for thereafter.
Valuation
Valuation for the purpose of Court Fees
(Schedule, Date, Signature, Verification etc)
