SUIT FOR SPECIFIC
PERFORMANCE FOR PURCHASE OF LAND BY VENDEE FOR DAMAGES [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.
That the defendant
contracted on.................... 19.................... through an agreement
in writing to purchase.................... Bighas Bhumidhari Land of Khata
No..................... situate in village....................
of.................... District, detailed in the foot of the plaint, from the
plaintiff, within six months from the abovementioned date, for
Rs..................... out of which the plaintiff had paid
Rs..................... on the date of agreement aforesaid.
2.
That the defendant did not
come forward to purchase the land aforesaid within the stipulated time, and in
the last month on.................... 19.................... the plaintiff gave
him a registered notice to attend the sub-Registrar’s office at
.................... with the balance money of
Rs.....................
(........................................) for getting the sale deed executed
by the plaintiff in his favour and transfer of the land accordingly. The
Plaintiff attended the Sub-Registrar’s office on the date abovementioned and
remained there throughout the working hours of the day, but the defendant did
not turn up with money aforesaid for getting the execution of the sale deed
aforesaid.
3.
That the plaintiff had been
ready and willing to execute a proper sale deed within the period of six months
aforesaid and particularly on the appointed date aforementioned, but the
defendant did not turn up to perform his part of the contract and to pay the
balance of the purchase money on the appointed date/or the defendant,
on.................... 19.................... refused to perform his part of
the contract and to pay the balance of the settled purchase amount aforesaid.
The plaintiff has suffered damage of Rs..................... by the said
refusal of the defendant.
4.
That the cause of action
arose on.................... 19..................... the appointed date which
was the last date of the specific period of six months for the execution of the
sale deed, and this court has jurisdiction to decide the suit.
5.
That the suit is valued at
Rs...................... the balance of the purchase amount for the purpose of
jurisdiction and Rs..................... for the purpose of Court-fee and
court-fee is paid according to the reliefs claimed.
RELIEFS
CLAIMED:
The
Plaintiff claims the following reliefs:
(1)
to issue a mandatory
injunction to the defendant to pay the balance amount of
Rs..................... of the sale price and get the execution of sale deed
done in his favour from the plaintiff. Or in the alternative.
(2)
payment of
Rs..................... from the defendant with interest from the date of
payment thereof to him, and Rs..................... as damages, with interest
from the date of suit till payment.
Plaintiff
Through
Advocate
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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