Suit for specific performance and application for interim injunction under order 39 rule 1&2

 

SUIT FOR SPECIFIC PERFORMANCE of agreement to sell

Application for Temporary Injunction in a suit for specific performance

.

IN THE COURT OF SENIOR CIVIL JUDGE, RAHIMYAR KHAN

CIVIL SUIT NO.___________/20__

_____, SON OF ___, RESIDENT OF ____, .

……..PLAINTIFF

V E R S U S

1. _____, SON OF ___, RESIDENT OF ____.

2. _____, SON OF ___, RESIDENT OF ____.

3. _____, SON OF ___, RESIDENT OF ____.

4. _____, SON OF ___, RESIDENT OF____.

……..DEFENDANTS

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL DATED 30.05.2016, AND PERMANENT INJUNCTION.

Respectfully Sheweth:-

1. That the addresses of the parties for the purpose of service has been given above correctly.

2. That succinctly stated facts giving rise to the filing of instant suit are that Defendants No. 1 to 3 were owners of land measuring (8M-72sqft), (4M-90sq.ft) out of (4k-8m) at Khewat No. 235, Khatooni No.473, Khasra No.1557 AND (3M-207sq.ft) out of (0K-11M) at Khewat No. 178, Khatooni No. 364, Khasra No.1559 situated at _____________Mouza ______, Tehsil ________, District _______ (hereinafter referred to as “the suit property”).

3. That on 30.05.2016, the plaintiff and the defendants No. 1 to 3 entered into an agreement of sale of the disputed property through their General Attorney Defendant No. 4 for a consideration of Rs.1,15,00,000/- and an agreement to sell was also written to this effect.

4. That the plaintiff paid an amount of Rs. 35,00,000/- as earnest money in cash on 20.05.2016. It was settled between the parties that the defendants shall receive remaining consideration amount on 20.08.2016 and execute sale deed in favour of the plaintiff.

5. That on 05.08.2016, the plaintiff paid an amount of Rs. 500,000/- to the defendants and it was settled between the parties that vacant possession of the suit property would be handed over to the plaintiff by the defendants on 01.10.2016. On 07.09.2016, the plaintiff paid another amount of Rs. 1000000/- to the defendants. Thereafter, on 23.09.2016, the defendant No. 4 received another amount of Rs. 400,000/- from the plaintiff. Acknowledgment of receiving of above said amounts has been given at the backside of the agreement to sell.

6. That after execution of agreement to sell in favour of the plaintiff, the defendants were legally bound to execute sale deed in favour of the plaintiff and the plaintiff approached the defendants for getting the disputed property transferred in his name and for execution of sale deed in his favuor on 01.10.2016, but they lingered on the matter on one pretext or the other and did not take any step for the transfer of property in dispute in favour of the plaintiff and execution of sale deed.

7. That the plaintiff has paid huge amount of Rs.54,00,000/- to the defendants and the refusal and failure by the defendants to do the needful has given rise to cause of action against the defendants. 

8. That the plaintiff has time and again requested the defendants, through various means and on numerous occasions but they deliberately refused to perform their part, on the contrary, they are trying to alienate the suit property.

9. That bonafide of the plaintiff is evident from this fact as well that he got prepared stamp papers of amount Rs.105,000/- for the execution of sale deed.

10. That the plaintiff is ready and willing to perform his part of the agreement by payment of remaining balance amount of Rs. 61,00,000/- to the defendants. However, the defendants have refused to perform their part.

11. That the cause of action arose against the defendants when agreement to sell dated 20.5.2015 was executed between the plaintiff and defendants through general attorney, secondly when they refused to perform their part. The cause of action is still continuing.

12. That the suit property is situated at Rahimyar khan, therefore, this learned court has full jurisdiction to try and adjudicate the titled case.

13. That the value of the suit for purpose of court fee and jurisdiction is fixed at Rs. 1,15,00,000/- and requisite court fee will be furnished.

P R A Y E R

 In aforementioned circumstances, it is humbly prayed that:

(i) a decree for specific performance of agreement to sell dated 30.05.2016 may very kindly be passed in favour of the plaintiff and against the defendant to perform their part and execute the sale deed in favour of the plaintiff regarding disputed property after receiving remaining balance consideration amount.

(ii) That the possession of the suit property may be handed over to the plaintiff.

(iii) A decree of permanent injunction may be passed in favour of the plaintiff and against the defendants whereby the defendants may be restrained permanently to to alienate the disputed property to anyone else.

PLAINTIFF

         Through

COUNSEL

VERIFICATION:

Verified on Oath at Rahimyar khan on this ___ day of ____ that the contents of Paras No. 1 to 9 are correct to the best of my knowledge and those of paras No. 10 to 12 correct to the best of my belief.

PLAINTIFF

Application for Temporary Injunction

 

IN THE COURT OF SENIOR CIVIL JUDGE, RAHIMYAR KHAN.

CIVIL SUIT NO: ________________________/20__

________ V. ____ 

[SUIT FOR SPECIFIC PERFORMANCE]

APPLICATION UNDER ORDER 39 RULE (1)(2) C.P.C. FOR GRANT OF TEMPORARY INJUNCTION.

Respectfully Sheweth:

1. That the plaintiff has filed titled suit in this Learned court in which next date of hearing has not been fixed so far.

2. That the contents of the titled civil suit may kindly be read as integral part of the instant application.

3. That the applicant has a good prima facie and arguable case and there is every likelihood of his success.

4. That the balance of convenience also lies in favour of the applicant/plaintiff.

5. That if the respondents are not restrained from alienating, transferring and selling the disputed property, irreparable loss will be suffered by the applicant.

PRAYER

In aforementioned circumstances, it is humbly prayed that the instant application may kindly be accepted and the respondent/defendants may graciously be restrained from alienating, transferring and selling the disputed property till disposal of titled civil suit for specific performance.

APPLICANT/PLAINTIFF

    THROUGH

COUNSEL

AFFIDAVIT IS MANDATORY WITH APPLICATION

IN THE COURT OF SENIOR CIVIL JUDGE, RAHIMYAR KHAN.

[SUIT FOR SPECIFIC PERFORMANCE]

APPLICATION UNDER ORDER 39 RULE (1)(2) C.P.C.

AFFIDAVIT

I, ____________, the above named Plaintiff / Applicant, do solemnly declare that whatever has been stated in Para 1 to __ of the Application are true and correct to the best of my knowledge and whatsoever has been stated in Para No___ to Para No___ is stated on the information received by me and I believe the same is true.

Verified at ____ on this ______ day of _____ 20__

 

DEPONENT