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What Is Specific Performance
What Is Specific Performance
the remedy of specific performance is claimed by the party when he enter into a contract
with another to perform some obligation. Later on one party breaches the contract and
denies to perform it. Here the effecting party has right to go to a court of competent
jurisdiction and request court to specially perform the contract as previously agreed by the
parties.
The following elements are considered by the court while examining specific performance
suit. These are as follows:
Valid Contract
Unregistered agreement of sale
Conduct of the parties
Readiness and Willingness of parties
Time is essence of contract
Adding parties in specific performance suit
1. of a contract of lease– according to the aggregate amount of the fine or premium (if
any) and of the rent agreed to be paid during the first year of the term,
1. of an award– according to the amount or value of the property in dispute.
Format of Suit For Specific Performance
Here i have provided the reliable draft of suit for specific performance of contract:
ASR son of AGR resident of H. No. _, Block No. _,___Road near __ Bridge, Tehsil and District
Rawalpindi.
…Plaintiff
Versus
1. TA wife of AJS resident of Flat No. _, Crescent Apartment Block __, __ Iqbal, Tehsil and
District Karachi Sharqi.
2. Bahria Town, through its Chief Executive, Rawalpindi.
3. Bahria Town, Transfer Branch, through its Incharge.
…Defendants
Respectfully Sheweth,
1. That the defendant No. 1 is owner in possession of a plot No. _, measuring 250 Sq
Yards, situated at St No. ___, Category General Phase V, Bahria Town, Rawalpindi
vide registration No. ___. (copies of allotment letter along with possession
certificates are annexed herewith for the kind perusal of this Honorable Court).
2. That the plaintiff and defendant No. 1 entered into an agreement with regard to the
sale of the said plot on 15-04-2009 for total consideration amount of Rs. 23,25,000/-
including charges of site plan and other utility charges and the defendant No. 1
received Rs. 200,000/- as earnest money from the plaintiff in presence of witnesses
and for remaining amount of Rs. 21,25,000/-, the date was fixed for payment as 30-
04-2009.
3. That it was also settled between the plaintiff and defendant No. 1 that in case of
failure on the part of the plaintiff to pay the remaining amount to the defendant No.
1, the earnest money would be forfeited while if the defendant No. 1 failed to
transfer the said plot in favor of the plaintiff after getting total amount, the
defendant No. 1 would be responsible to pay the double of the amount, which she
received from the plaintiff and the defendant No. 1 will have no objection, if the
plaintiff get transferred the said plot in his favor through the court of competent
jurisdiction.
4. That thereafter, the plaintiff requested the defendant No. 1 that he is ready to pay
the remaining amount before the stipulated period and in this regard the plaintiff
also deposited the remaining amount in the bank and prepared a bank draft and
requested her to transfer the said plot in accordance with the agreement dated 15-
04-2009 but she not only received the amount but also refused to transfer the said
plot in favor of the plaintiff.
5. That the said act on the part of the defendant No. 1 is illegal, unlawful, improper and
against the all cannons of justice. Moreover, the said act on the part of the defendant
No. 1 is based upon malafide intention and ulterior motives.
6. That the plaintiff number of times, requested the defendant No. 1 to fulfill her part of
obligations in accordance with the written agreement dated 15-04-2009, who once
again refused to receive the amount in respect of above mentioned land.
7. Tat the plaintiff is ready to perform his part of agreement, as his earlier payments
supports his version but the defendant No. 1 without any justification is reluctant to
transfer the suit land in favor of the plaintiff.
8. That now it came into the knowledge of the plaintiff that the defendant NO. 1 who is
having very cordial relations in the Bahria Town’s Office is trying to transfer the said
plot in favor of some-one-else while making collusion with the defendants No. 2 & 3.
9. That the plaintiff contacted the defendant No. 2 & 3 and asked about the factual
position with regard to the agreement and requested them to refrain from
transferring the ownership of the said plot in any manner whatsoever in favor of
any persons except the plaintiff but in vain.
10. That the defendant No. 1 is bound to fulfill her part in accordance with the
agreement dated 15-04-2009 but now she is adamant to hear anything reasonable,
hence this suit.
11. That the cause of action accrued finally two days ago when the defendants finally
refused to listen the genuine and legitimate requests of the plaintiff, which is still
continuing day by day.
12. That the office of the defendant No. 2 is at Rawalpindi, suit property is at
Rawalpindi, written agreement was made at Rawalpindi between the parties, so this
Learned Court got the jurisdiction to entertain the matter in hand.
13. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs.
20,000/-, and no court fee is levied on the plaint. However, in any discrepancy is
made out, the plaintiff is ready to deposit the court fee as per order of this
Honorable Court.
PRAYER
It is therefore, humbly prayed that a decree of suit for specific performance of agreement
dated 15-04-2009 may kindly be passed in favor of the plaintiff against the defendant No. 1.
It is further prayed that the defendants may kindly be restrained permanently from
transferring the plot No. 556, measuring 250 Sq Yards, situated at St No. __, Category
General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff.
Furthermore, the defendants may also be restrained not to transfer the suit land while
making collusion with each others to any person except the plaintiff may kindly be passed
in favor of the plaintiff against the defendants.
Any other relief, which this Honorable court deems fit may also be granted.
Plaintif
Through
Counsel
Verification:
Verified on Oath on this day of Apr 2009, that the contents of the para No. 1 to 10 are true
and correct to the best of our knowledge and belief and rest of the paras are believed to be
true and correct.
Plaintiff
ASR …Plaintiff
Versus
APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C
Respectfully Sheweth:
1. That the applicant / plaintiff has filed the above captioned suit before this
Honourable Court, the grounds taken in the main suit may kindly be read as integral
part of this application.
2. That the applicant/ plaintiff has good prima facie case and likely to succeed in it.
3. That the balance of convenience also lies in favour of the applicant/plaintiff.
4. That the applicant / plaintiff shall suffer irreparable loss, if the stay order has not
been granted.
PRAYER
Petitioner
Through
Counsel
ASR …Plaintiff
Versus
APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C
Affidavit
That I, ASR son of AGR resident of H. No.__, Block No.__, __Road near __Bridge, Tehsil and
District Rawalpindi do solemnly affirm and declare that the contents of above application
are true and correct to the best of my knowledge and belief and nothing material has been
concealed therefrom.
Deponent
Verified on oath that the deposition is true and correct to the best of my knowledge and
belief and nothing material has been concealed therefrom.
Deponent