SUIT FOR REINSTATEMENT BY
SPECIFIC PERFORMANCE AND ARREARS OF BACK WAGES (OR SALARY) [CD1]
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 the....................
day of.................... 19.................... the plaintiff and the
defendant mutually agreed that the plaintiff should serve the defendant as (an
accountant, or in the capacity of foreman, or as the case may be), and that the
defendant should employ the plaintiff-as such for term of one year and pay him
for his service,.................... rupees (monthly).
2.
On the....................
day of.................... 19..................... the plaintiff entered upon
the service of the defendant in such services and has ever since been, and
still is, ready and willing to continue in such services during the remainder
of the said year whereof the defendant always has had notice.
3.
On.................... day
of.................... 19..................... the defendant wrongfully
discharged the plaintiff and refused to permit him to serve as aforesaid, or to
pay him for his services.
4.
The cause of action arose
within the jurisdiction of this Court when the defendant discharged the plaintiff
on.................... 19.................... without payment of his back wages
earned and due.
5.
The valuation of the suit
for the purposes of jurisdiction is.................... rupees, and for the
purposes of court fee on the relief of injunction is....................
rupees, and Court fees is paid on both reliefs.
6.
The balance of convenience
is in favour of the plaintiff employee, and it is expedient that the plaintiff
be reinstated in service of the defendant and his back wages and wages pendente lite be ordered to be paid to
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
CASE LAW
Where
a suit for specific performance coupled with prayer for possession filed
against a person who was not a party to the contract that is, stranger the suit
would not be maintainable as specific performance could not be claimed against
such person.1
The
court can go behind the plaint to find out the real nature of the relief
claimed by the plaintiff and the liability to pay the court fee cannot be
avoided by any device of disguising the real relief.2
Section
16(c) of the Specific Relief Act makes it obligatory for the plaintiff to aver
in the plaint and also to prove that he has performed or has always been needy
to perform the essential terms of the contract which are to be performed by
him.3
DECREE
FOR SPECIFIC PERFORMANCE.
In
a decree for specific performance grant of extension of time for deposit of
consideration amount by court is not automatic or perfunctory & discretion
is to be exercised when decree-holder has made out a sufficient cause.4
SUIT
FOR SPECIFIC PERFORMANCE (S. 10)
Suit
for specific performance of contract by way of registration of sale deed is
maintainable notwith-standing alternative remedy under section 77 of
Registration Act to obtain registration of executed document.5
PERSONAL
BARS TO RELIEF (SECTION 16 OF SPECIFIC RELIEF ACT)
Specific
performance may not be granted to plaintiff who fails to appear and to prove
readiness and willingness to perform his part of agreement.6
SUIT
FOR SPECIFIC PERFORMANCE
Under
Section 19(b) of Specific Relief Act, onus is on subsequent purchaser to prove
that he was bona fide purchaser
without notice of original contract.7
IN
THE COURT OF....................
Civil
Suit No.................... of 200
In
the Matter of: -
XYZ
& ABC.................................................... Plaintiff
versus
CDF
& BCD................................................. Defendant
SUIT
FOR SPECIFIC PERFORMANCE OF CONTRACT TO SELL IMMOVABLE PROPERTY INCLUDING
TRANSFER OF ACTUAL VACANT PHYSICAL POSSESSION THEREOF IN FAVOUR OF PLAINTIFFS
AND FOR COMPENSATION IN ADDITION THERETO AND FOR DECLARATION.
Most
Respectfully Showeth:
1. That
the defendant No. 1 is a company having its registered office
at................................... developing and constructing residential
and commercial complex known as..........................................
2. That
the property in question in this suit is the shop
No................................ situated
at........................................ measuring
approximately................................. having been
developed/constructed by defendant No. 1 and the said shop is facing the Main
Road and the same is shown in.............................. in site plan
annexed herewith.
3. (State
facts chronologically)
4. That
the cause of action arose to the plaintiff against defendant No. 1
on............................ The cause of action arose to the plaintiffs
against both defendants
on............................................................. The cause of
action is continuing to arise from day to day and arises even on the date of
this suit in favour of the plaintiffs and against the defendants.
5. That
the shop in question in this suit is situated at..........................
within the local limits of the jurisdiction of this Hon’ble Court and the cause
of action for the present suit has arisen within the jurisdiction of this
Hon’ble Court and the defendant No. 1 has its site office also
at................................... within the jurisdiction of this Hon’ble
Court. This Hon’ble Court has the jurisdiction to try and decide the present
suit.
6. That
for the purposes of the court fee and jurisdiction the relief of specific
performance of the contract for sale of the shop in question including actual
vacant physical possession thereof is valued at Rs..............................................
on which ad-valoram court fee of
Rs..................................
is affixed.
PRAYER
The plaintiffs, therefore,
most humbly and respectfully pray before this Hon’ble Court as follows:
-
(i) This
Hon’ble Court may kindly be pleased in the interest of justice, to pass the
decree/order directing both the defendants specifically to perform the whole of
the contract mentioned in details in para..................... of this plaint,
and to do and execute all acts, things and deeds which are necessary to put the
plaintiffs in full vacant physical possession of the shop agreed to be sold to
the plaintiffs,
viz.......................................................................
.................................................
and to deliver the vacant physical possession of the said shop to the
plaintiffs, and to execute and get Registered the sale-deed in respect of the
said shop in favour of the plaintiffs (directing the defendant No. 2 to join
the defendant No. 1 in the execution and registration of the
sale-deed/conveyance so as to pass on the title which resides in the defendant
No. 2 to the plaintiffs), and to complete in all respects, the sale and
delivery of the vacant physical possession of the said shop in favour of the
plaintiffs.
(ii) This
Hon’ble Court may kindly be pleased in the interest of justice, to pass the
Decree of Declaration declaring that the subsequent sale and transfer of
possession of the shop in question............................................................
by the defendant No. 1 in favour of the defendant No. 2 are not binding upon
the plaintiffs and are invalid so far as the plaintiffs are concerned, and
further declaring that none of the receipts, letters, documents, deeds, sale-deeds
etc. whatsoever, issued/written/executed registered (including the sale-deed
executed/registered on...................... in favour of the defendant No. 2
in respect of the shop in
question.................................................... is not at all
binding upon the plaintiffs and all the said receipts, letters, documents,
deeds, sale-deeds (including the sale-deed) executed/registered
on................................. are invalid in so far as the plaintiffs are
concerned.
(iii) The
plaintiffs also pray that in addition to the grant of the decree of specific
performance of the contract including physical possession as prayed in the
prayer clause (i) above, this Hon’ble Court may also kindly be pleased in the
interest of satisfying the justice of this case, to award the additional
compensation of Rs................................
(Rupees........................................................
only) as detailed in para
.....................
above in favour of the plaintiffs against the defendant No. 1.
(iv)
The plaintiffs also pray
that the additional compensation at rate of
Rs..................
(Rupees............................................... only) per month as
detailed in para No......................... above be also awarded in favour of
the plaintiffs against the defendant No. 1 for the period of pendency of the suit.
(v) The
plaintiffs also pray that in the case their main claim for the main relief of
specific performance including physical possession is refused, in that event
this Hon’ble Court may kindly be pleased in the interest of justice to decree
their alternative claim in favour of the plaintiffs and against the defendant
No. 1, for the amount of Rs...................
(Rupees..................................................................
only) together with the amount of interest thereupon at the rate of...........
percent per annum for the period of pendency of the suit, reserving at the same
time, the right of the plaintiffs to avail of all the legal remedies against
the order of the refusal of their main relief of specific performance including
physical possession.
(vi) This
Hon’ble Court may also kindly be pleased in the interest of justice, to order
both the defendants to pay the costs of the suit to the plaintiffs. (vii) Any
other relief which may be deemed fit and proper in the facts and circumstances
of this case may also kindly be awarded in favour of the plaintiffs against the
defendants by this Hon’ble Court in the interest of justice.
(Plaintiff
No. 1)
Place:
Date:
(Plaintiff
No. 2)
Advocate
VERIFICATION
Verified
at............................ on this............................ day
of............................ that the factual contents of the above plaint
from para No............................ to para No..........................
are true and correct to my knowledge, and the contents of para
Nos............... to................ and all other legal contents of the
plaint are true and correct to the information received and believed by me to
be true and correct and the last para No................... contains the humble
prayer before this Hon’ble Court.
Plaintiff.
SUIT FOR PERMANENT INJUNCTION
In
the Court of............................
Suit
No. l......................... of 200
In
the Matter of: -
AB.....................................................................
Plaintiff
versus
CD.................................................................
Defendant
SUIT FOR PERMANENT INJUNCTION
Respectfully
Showeth:
1. That
the plaintiff has been residing at House No.............................
............................ as a tenant for the last about nine years with his
mother, wife and children.
2. That
upto the year............................ the plaintiff had been living in a
Tinshed constructed by him in the premises of House
No.............................
3. That
the plaintiff in............................ constructed thereon pucca room and
kitchen at his own cost. Some of the receipts available pertaining to the
material purchased by the plaintiff for construction of a room and kitchen are
annexed hereto and collectively marked as Annexure-A-
1.
4. That
the plaintiff is a poor person and bread earner for three minor children apart
from his wife and mother and for earning his livelihood is running a small
Dhabba outside the said house.
5. That
the plaintiff had been paying Rs............................. per month as rent
regularly
to Defendant No. 1 in cash. However, no receipt is being issued by defendant
No. 1 towards payment of the said rent.
6. That
defendant Nos. 2 and 3 the sons of defendant No. 1 have been giving threats to
the plaintiff either to vacate the premises or face dire consequences.
7. That
on............................ Defendant No. 1 alongwith his associates entered
the room of plaintiff using filthy and abusive language and started beating the
plaintiff.
8. That
the plaintiff reported the matter to the Incharge Police Station,
............................ and lodged FIR on.............................
However no protection was afforded to the plaintiff by the police.
9. That
the plaintiff is a law abiding citizen and has rehabilitated himself in the
petty business at his own, whereas the defendant Nos. 2 and 3 are influential
people who believe in taking the law in their own hands and also believe on
using muscle power.
10.
That defendants are bent
upon grabbing the room and kitchen by forcible eviction of the plaintiff and
his family through use of their might and money.
11.
That the acts of the
defendants are unlawful, arbitrary, unwarranted and against all cannons of
justice and they are liable to be restrained by passing a decree of permanent
injunction under Section 30 of the Specific Relief Act which remedy is only
efficacious in the circumstances of the case.
12.
That the cause of action
first accrued to the plaintiff against the defendants in the........................................................
entered the room of the plaintiff using abusive language and started beating
him. The cause of action again arose on ............................ in favour
of the plaintiff when the defendants 2 and 3 with their muscelmen locked the
plaintiffs residence from outside. The cause of action for filing the present
suit is still subsisting and will continue to subsist in favour of the
plaintiff till the defendants are ‘restrained by a decree of this Hon’ble Court
as prayed.
13.
That the parties reside in
Delhi and the suit property is also situated in Delhi, this Hon’ble Court
therefore has jurisdiction to entertain and try the suit.
14.
That the value of the suit
for purposes of jurisdiction and court fee is assessed at Rs. 130/- for which
the requisite court fee for the relief of permanent injunction has been
affixed/paid on the plaint.
PRAYER
It
is, therefore most respectfully prayed that this Hon’ble Court may be pleased
to grant a decree of permanent injunction in favour of plaintiff and against
the defendants permanently restraining the defendant Nos. 1 to 3, their agents,
servants, relatives etc. interfering with the peaceful possession, occupation,
enjoyment and use of the premises House
No.........................................................
by the plaintiff without following the process of law.
(3)
Such other relief which this Hon’ble Court may in the circumstances of the
case, be pleased to grant may also be granted.
Plaintiff
Through
Advocate
VERIFICATION
Verified
at............................ on this the............................ day of
............................ that the contents of paras
No............................. of the plaint are true to my knowledge and
belief, whereas, those of paras No............................. are believed to
be true on legal advice received through the counsel. Last para is prayer to this
Hon’ble Court.
Plaintiff.
1. Mohd
Hanif v. Mariam Begum, 1986 (2) C. C. C. 635: A. l. R. 1986 Bom. 15.
2. Robust
Tyre and Rubber Co. (P) Ltd. v. State Bank of India, 1988 (1) C. C. C.
44.
3. In
re: Nagarapu Kanakaiah, 1988 (1) C. C. C. 767.
4. Ramesh
v. John K. Joseph, 1996 (2) C. C. C. 394 (Ker. ).
5. Kalavakurd
Venkata Subbaiah v. Bala Gurappagavi Guruvi Reddy, AIR 1999 SC 2958.
6. Ram
Awadh v. Achhaibar Dubey, AIR 2000 SC 860.
7. T.
Poppan v. Karia Gounder, 2001 (4) CCC 13 (Cal. ).
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