SUIT FOR SPECIFIC PERFORMANCE FORMAT

(SUIT FOR SPECIFIC PERFORMANCE FORMAT)

BEFORE HON’BLE  ADDITIONAL DISTRICT JUDGE, TIS HAZARI COURTS, NEW DELHI

CS XX/XXXX

RAMESH                                                                                        …………………………..PLAINTIFF

VS

SURESH                                                                                           ……………………….DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE UNDER SECTION  10 OF SPECIFIC RELIEF ACT, 1963 FOR PERFORMACE OF AGREEMENT OF SALE DATED XX/XX/XXXX FOR SALE OF FLAT NO XX ALPHA APARTMENT, HUDSON LANE, NEW DELHI – 110007

MOST HUMBLY SHOWETH:

1. That the Plaintiff and the Defendant  has entered into agreement of sale dated xx/xx/xxxx for sale of flat no xx , Alpha Apartment, Hudson Lane, New Delhi 110007. 
2. That the agreement was in writing and duly registered.  As per the terms and conditions of the Agreement of Sale, total consideration of sell of the aforesaid flat was Rs. 50,00,000/-. At the time of execution of Agreement of Sale the Plaintiff has paid earnest money  of  Rs. 10,00,000/- . The Defendant has to handover vacant and peaceful  possession of the said flat within  two  months. At the time of the execution of sale agreement, balance consideration of the Rs. 40,00,000/- has to be paid.  Copy of agreement of sale is attached herewith and marked as Annexure P1.
3. That despite passing of two  months as yet sale deed has not been executed and  vacant and peaceful  possession of the aforesaid flat has not been transferred.
4. That the  Defendant sent e-mails dated xx/xx/xxxx and xx/xx/xxxx and made several phone calls  despite the same the Defendant has not execute the sale agreement and handed over vacant possession of the aforesaid flat.
5. That the Defendant was constrained to send legal notice dated xx/xx/xxxx requesting the Defendant to execute the sale agreement, but despite the same neither the sale deed has not been executed.
6. That the Defendant is willing to perform his part of contract and ready to pay the balance amount of the Rs. 40,00,000/-.
7. That the cause of action arose in favour of the Plaintiff when agreement of sale was executed. The cause of action further arose when even after expiry of six months, the Defendant did not execute he sale deed. The cause of action further arose when despite receipt of several e-mails and legal notice, the Defendant did not execute the Sale Deed.
8. That this Hon’ble Court has jurisdiction to entertain this suit as the flat in question is situated within the jurisdiction of this Hon’ble Court.
9. That the suit has been valued at Rs. Xxxxxx for court fee and requisite court fee of Rs. ………has been paid.

PRAYER

In light of aforesaid facts and circumstances, it is therefore prayed that this Hon’ble Court may be pleased to :

(i) Pass a decree of specific performance of agreement of sale dated  xx/xx/xxxx for sale of flat no xx , Alpha Apartment, Hudson Lane, New Delhi 110007.

(ii) Pass any other order(s)/direction(s) as this Hon’ble Court may deem fit and proper.

PLAINTIFFF

THROUGH

XXXXX

COUNSEL FOR THE PLAINTIFF

PLACE

DATE

VERIFICATION

Verified at  Delhi  on this  xx/xx/xxxx that the contents of  Para xx to Para xx are true to best of  Plaintiff’s Knowledge  and the last para is prayer made to this Hon’ble Court.

PLAINTIFF

Note: Suit for specific performance has to be accompanied by Memo of Parties and Affidavit.

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