SUIT FOR SPECIFIC PERFORMANCE OF
PURCHASING LAND [CD1]
IN THE COURT OF THE....................
Suit No..................... of 19....................
C.
D.................................................................... Plaintiff
versus
C.
F................................................................. Respondent
The abovenamed
plaintiff most respectfully submits as under: —
1.
On the.................... day
of.................... 19.................... the plaintiff and the defendant
entered into an agreement, and the original document is hereto annexed.
OR
(On
the.................... day of.................... 19..................... the
plaintiff and the defendant mutually agreed that the plaintiff should sell to
the defendant and the defendant should purchase from the plaintiff forty bighas
of land in the village of .................... for.................... rupees).
2.
On the.................... day
of.................... 19..................... the plaintiff, being then the
absolute owner of the property and the same being free from all encumbrances as
was made to appear to the defendant, tendered to the defendant a sufficient
instrument of transfer of the same (or, was ready and willing, and is still
ready and willing, and offered to transfer the same to the defendant by
sufficient instrument) on the payment by the defendant of the sum agreed upon.
3.
The plaintiff gave a registered
notice dated.................... 19.................... received by the
defendant.................... on.................... 19..................... to
attend the Sub-Registry of the District.................... at 10 A. M. with
the money in consideration of the proposed purchase for the land aforesaid and
have the sale deed duly registered as executed by the plaintiff on payment of
the aforesaid price due. But the defendant did not appear in the office of the
Sub-Registrar aforesaid upto 4 p. m. on the day aforesaid, even though the
plaintiff remained there from 10 A. M. to 4 P. M. after giving intimation of
the fact of his appearance and presence to the Sub Registrar aforesaid.
4.
The cause of action arose
on.................... 19..................... when the defendant did not
appear before the Sub-Registrar aforesaid even after notice and pay the money
of the purchase price as agreed, and this Court has jurisdiction to try the suit.
5.
The suit is valued at
Rs..................... the proposed and agreed sale price of the land
aforesaid, and Rs..................... for the purpose of court fee, and court
fee is paid thereon.
The reliefs
claimed by way of this suit are as follows:
(i)
The defendant be directed by
issuing a mandatory injunction to pay.................... rupees to the
plaintiff the price of the land and have the registered sale deed from the
office of the Sub-Registrar.
(ii) Interest on the amount of sale price at a reasonable rate be awarded
to the plaintiff.
(iii) Costs of the suit be given to the Plaintiff.
Plaintiff
VERIFICATION [CD3]
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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