Suit for Specific Performance of a Contract

(Plaint)
IN THE COURT OF.
Suit No......19...
P son of Q, aged
about.....years,
resident of....., Occupation... ...Plaintiff
V.

D son of E, aged about...years,

resident of.. occupation.... ...Defendant
The above named plaintiff respectfully states:
1. That the plaintiff knows the defendant for the last about ten years as
his neighbour.
2. That on the 8th March, 1986, by an agreement in writing the defendant
agreed to sell his house, situate at....for Rs. 50,000 to the plaintiff. A copy
of the said agreement has been annexed hereto and is marked as Exhibit 'A' to
the plaint.
3. That the plaintiff paid Rs. 10,000 to the defendant as earnestjei
money on
8.3.1986, and promised to pay the balance of Rs. 40,000 on 15.3.1986, the date on
which sale-deed was to be executed and the possession of the said house w: to
be handed over to the plaintiff under the said agreement.
4. That on 15.3.1986 the plaintiff approached the deferndant and requested
him to execute the sale deed and hand over the possession of the house to the
plaintiff in accordance with the term of the agreement which the defendant
had made with the plaintiff. But the defendant failed to execute the sale
deed on one pretext or the other.
 SUITS(PLAINTS AND WRITTEN
STATEMENTS) 195

5. Finally, the plaintiff called upon the

letter dated 25.3.1986 defendant through his advocate's
and required the defendant
over the possession of the house to the plaintiff. to execute the sale and hand
But,
comply with; and even he did not reply the plaintiffsthesaiddefendant failed to
the said letter is annexed hereto and is letter. AcoPY of
marked Exhibit "B" to the plaint.
as
6. That the plaintiff is ready and
ie., to pay the balance of Rs. 40,000 on willing to perform his part of
the execution of the sale and oncontract,
the possession of the said house. getting
7. That the caúse of action arose
at.......n 8.3.1986 when the defendant
agreed to sell his house to the plaintiff. The plaintiff
been residing at.....n d the said house is situateandat. the defendant have
.Thus, the
whole cause of action has arisen within the territorial limits of this
therefore, this Hon'ble Court has got jurisdiction to try and entertain thisCourt,
suit.
8. That the plaintiff values the suit for Rs. 50,000 for the purposes of
jurisdiction and Court fees.
9. The plaintiff, therefore, prays :
(a) that the Hon'ble Court be pleased to order the defendant to
transfer the possession of the house situated as above to the
plaintiff by a sufficient instrument;
(b) that in the alternative the Hon'ble Court be pleased to order the
defendant to pay Rs. 50,000 as damages to the plaintiff; and
(c) that the defendant be ordered to pay the plaintiff's costs of this
suit.
Plaint drawn by Sd/
Sd/ Plaintiff
Plaintiffs Advocate.
I, P son of Q, the plaintiff, residing as above, do hereby solemnly state
and declare that the contents of paras 1to 6are true to my own knowledge and
the contents of para 7 and para 8 are based on the information supplied to me
and Ibelieve the same to be true.
Solemnly affirmed at.. Sd/
Dated, this..day of.....19.... Plaintiff
Before me
Sd/
(Oath Commissioner)
List of documents:
Exhibits A & B.
Written Statement
(Title as in the Plaint)
Written statement of the defendant
1. The contents of para 1 of the plaint are substantially correct.
2. With reference to para no. 2 of the plaint, the defendant denies that he
agreed to sell and transfer to the plaintiff his house situated at. .on
8.3.1986 or on any other date tor Rs. 50,000 or any part thereof as alleged in the
 196 PORMS AND PRECEDENTS OF CIVIL PLEADINGS

plaint. The defendant submits that on 10.3.1986, the plaintiff along with two
other men whom the defendant does not know, entered the house of the
defendant. The plaintiff was having a revolver in his hand. The two men with
the plaintiff appeared to be notorious goondas. The plaintiff presented astamp
paper before the defendant and forced him to sign on the said paper. Thus, the
defendant has put his signature on the allegedagreement under fear of death
to which he has never consented.
3. The defendant denies the contents of para 3 of the plaint in toto. The
defendant submits that the plaintiff never paid Rs. 10,000, or any part thereof
to the defendant and so the promise to make the payment of the balance
amount of Rs. 40,000 or any part thereof to the defendant does not arise.
4. The defendant denies the contents of paras 4 and 5 of the plaint. The
defendarnt submits that in the circumstances in which the defendant was put to
sign the alleged document could his such signature be said to be his real
consent? Hence the alleged agreement is voidable and inoperative in law and
the plaintiff be put tothe strict proof thereof.
5. With reference to the contents of para 6 of the plaint, the defendant
admits that the plaintiff called upon the defendant through his advocate's
letter dated 25.3.1986; but the defendant disputes the contents of the said
letter.
6. The defendant craves leave to rely on the evidence of the witnesses
whose names shall be disclosed later on.
7. In the aforesaid circumstances the defendant prays that the plaintiff's
suit is baseless, frivolous and vexatious, and is liable to be dismissed with
costs.
Written statement drawn by Sd/
Sd/ Defendant
Defendant's Advocate
Verification as usual