In the Court of Senior Civil Judge, 

Lahore
 

     
Ticket
 
 
Jan Muhammad Malik S/o.  
Qazi Wajid S/o. Auyb
Jamsheed Zafar, resident of  
Khoso, resident of 9 –
18 – Shadman Versus
Shadman Colony, Lahore
Colony, Lahore  
(The Defendant) 
(The Plaintiff)   

Suit: For Specific Performance of the Agreement

Respectfully submitted as under:---

1.      That the Plaintiff and the Defendant entered into an agreement mutually wherein the
Defendant agreed to transact the sale bargain of his property number 45 – Shadman Colony,
Lahore, owned and possessed by him, the detail of which is given hereunder:---

a)      South:             House owned by Ms. Sana Begum (Advocate).

b)      East:                Clinic owned by Dr. Reema Shan (Government Servant).
c)      West:               House owned by Madam Fareeha Pervaiz (Mill Owner).
d)     North:             A thoroughfare.

A copy of the agreement for sale of the house in question is attached.

2.      That as per terms and conditions of the aforementioned agreement the total sale price of the
house in question was fixed at Rs. 1,000,000/- (Rupees one million only) out of which a sum
of Rs. 100,000/- (Rupees one hundred thousand only) was received by the Defendant as
earnest money from the Plaintiff, a receipt of which is attached. According to the agreement
the Defendant was bound to accept and receive the balance amount of Rs. 900,000/- (Rupees
nine hundred thousand only) from the Plaintiff and to execute a sale deed duly registered in
favour of the Plaintiff on the target date, i.e., November 01, 2001, which was written in the
agreement before the Sub-Registrar, Lahore.

3.      That the Defendant failed to perform his part of the contract to execute a registered sale
deed in favour of the Plaintiff by accepting the balance payment of the total consideration
money by the Plaintiff despite many requests made in that behalf, but the Defendant
miserably failed to do so whereas the Plaintiff is ready and willing to perform his part of
contract.

4.      That a copy of the registered notice dated November 01, 2002, requesting the Defendant to
deliver the possession of the house in question after payment of the full price from the
Plaintiff and execute a registered instrument.
5.      That the Plaintiff has been left with no remedy except to institute the present suit against the
Defendant.

6.      That the cause of action accrued in favour of the Plaintiff against the Defendant firstly on
November 01, 2001, when the agreement to sell was struck between the parties and secondly
on December 01, 2001, when the Defendant failed to execute a registered sale deed on the
basis of the said agreement and to deliver the vacant possession of the demised property.

7.      That the disputed property is situated at Lahore, the parties also reside at Lahore and the
agreement to sell was executed at Lahore, therefore, this Honorable Court has got the
Jurisdiction to entertain and proceed this suit.

8.      That the value of the suit for the purpose of Court Fee and Jurisdiction has been fixed at Rs.
1,000,000/- (Rupees one million only) on which the maximum Court Fee worth Rs. 15,000/-
(Rupees fifteen thousand only) has been paid.

It is, therefore, respectfully prayed that a decree for possession through specific performance of
the house, the description of which is detailed above may kindly be passed in favour of the
Plaintiff against the Defendant with the payment of Rs. 900,000/- (Rupees nine hundred
thousand only) payable as such by the Plaintiff in full and final satisfaction of the sale price with
cost.

Plaintiff
through
Mustafa Qureshi
Advocate
  Wahdat Road, Lahore
 
Verification: Verified at Lahore today the 8th day of January 2002, that the contents of
Paragraphs 1 to 5 are correct and true in the best of my knowledge and the remaining
Paragraphs from 6 to 8 are believed by me to be true and correct.

 
  Plaintiff’s Signature