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
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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