Specific Performance of Contract
Rajaram C Iyer
(Querist) 21 September 2008
This query is : Resolved
Dear Members,
Can anyone give me a sample plaint for Specific Performance of Contract.
Thanks
Srinivas.B.S.S.T
(Expert) 22 September 2008
Sir this a draft of suit for specific performance of an agreement with respect to landed property. I dont know whether this will match to your requirement as you have not specified the terms of the agreement in dispute and property covered thereunder. If you can provide some more details about the terms of the agreement in dispute and the property covered thereunder i can furnish a draft suitable to your requirements.
IN THE HONOURABLE COURT OF CIVIL JUDGE
AT VISAKHAPATNAM
O.S.No. /2007
Between:
PLAINTIFF
And
DEFENDANTS
PLAINT INSTITUTED UNDER ORDER VII RULE I OF CIVIL PROCEDURE CODE.,1908
I. The Plaintiff is:
The address of the Plaintiff for the purpose of service of court notices etc., is as stated above and through his counsel Sri B.S.S.T. SRINIVAS Advocate, , 28-11-31, Surya Bagh, Visakhapatnam
II. The Defendants are:
1)
2)
3)
The addresses of the Defendants for the purpose of service of notices etc, are as stated above.
III. (a) The Plaintiff submits that he is the Proprietor of M/s. XXXXConstructions, and is in the field of construction for past 8 years. The Plaintiff submits that he undertook several prestigious projects and is well known in the field of construction for his outstanding work.
b) The Plaintiff submits that with an intention to develop the property and construct a multistoried residential complex he has entered into an agreement to sell on with 3rd Defendant, with respect to the site admeasuring to an extent of 378 Sq.Yards, situated in Plot No. XX L.P.No. XX/XX, covered under S.No. XX/1 Part of Maddilapalem Village more fully described in the schedule appended herewith and hereinafter called as schedule property. The Plaintiff submits that while entering into the agreement to sell, the Plaintiff paid a sum of Rs. 11,00,000/- (Rupees Eleven Lakhs Only) towards advance to the 3rd Defendant.
c) The Plaintiff submits that while he is in progress of his plans the 2nd Defendant, who was working asXXXX, Visakhapatnam approached the Plaintiff and requested to permit him to join as a partner in the new proposed venture at XXXXX. The Plaintiff submits that the 2nd Defendant promised that he can mobilize huge sums towards investments as his daughter is working in XXX and he further requested that he will make all the transactions in the name of his wife XX XX, i. e., the 1st Defendant herein so as to avoid any adverse affect to his employment.
d) The Plaintiff submits that he acceded to the request of the 2nd Defendant with a fond hope that with the financial assistance of the 2nd Defendant the project could be completed before the estimated time. The Plaintiff submits that accordingly himself and the 1st Defendant herein entered into a memorandum of understanding cum development agreement on XX-XX-XXXX. The Plaintiff respectfully submits that as per the said memorandum of understanding cum development agreement it was mutually agreed that the 1st Defendant, would pay the balance consideration to 3rd Defendant apart from recognizing the sum of Rs. 11,00,000/- paid by the Plaintiff as advance amount to the 3rd Defendant for the schedule property, as the investment made by the Plaintiff. It was further agreed that the said site would be given to Plaintiff for development construct a multi-storied residential apartment complex and the 1st Defendant also undertook to pay to the Plaintiff for the constructions at a rate of Rs. 400 per S.Ft. The Plaintiff submits that its was mutually agreed by both the Plaintiff and Defendant that the investments made by them with respect to the schedule property will be treated as their respective shares and that they are entitled to take back the same along with interest @ 24% from the date of making such investment. The Plaintiff submits that as the 1st Defendant, who is dancing to the tunes of 2nd Defendant is denying to discharge her part of contractua
J K Agrawal
(Expert) 22 September 2008
In suit for specific performance tow plea are essential apart from other general pleas. those are
1 That the plaintiff is ready and willing to perform his part of contract
2 That in case of non performance the contract specifically the plaintiff shall sustain irreparable loss which could not be calculated in terms of money.
It is further advised strongly that you should raise an alternative plea that in case specific performance is not granted plaintiff should be provided compensation.
Not raising these please is FATAL to the case.
I most politely submit that Mr Sriniwas did not raise all these three pleadings.
Srinivas.B.S.S.T
(Expert) 22 September 2008
Sir Agarwal, Thank you very much for going through the plaint copy. I do agree with the points raised by you. But the issue basing upon which this plaint was drafted is slightly different. Herein the Plaintiff already paid his share of investment as per the MOU. So the question of expressing willingness doesnot arise as the obligation on the part of the Plaintiff was already discharged. I have sought for alternative relief also in caluse (a) of the Para No. VI.
Thanks alot for your comments sir I do appreciate the same. Please let me know if you found any more things as the same will be helpful for me. Regards Srinivas
