Format of Suit For Specific Performance of Contract

Suit For Specific Performance

Specific performance is a remedy given by the equity and equity courts. It’s also means fulfilling promise made by one party with another. It’s a discretionary relief, so party cannot claim this right a matter of right. In order to claim this remedy party has to convince the court that it does not have any other option but this one. In this post format of suit for specific performance is also provided.

What is Specific Performance

According to Doemory, “Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.”

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.

Elements Involved In a Suit For Specific Performance

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

What is The Limitation Period for Specific Performance Suit?

The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.

Where a Suit For Specific Performance Can Be Enforced?

The specific Relief Act, 1877 clearly states in section 12, cases in which a party can claim performance of contract. As already stated that it’s a discretionary right but at the same time court always presume that the breach of contract of immovable property cannot be compensated in term of money. Although it’s a rebutable presumption so party has to established his case while standing on it’s own ground. The cases are as under:

  1. When the act agreed to be done is in the performance, wholly or partly, of
    a trust;
  2. When there] exists no standard for ascertaining the actual damage caused
    by non-performance of the act agreed to be done;
  3. When the act agreed to be done is such that pecuniary compensation for its
    non-performance would not afford adequate relief; or
  4. When it is probable that pecuniary compensation cannot be got for the
    non-performance of the act agreed to be done.

Where It Cannot Enforced

In these circumstances the breach of contract may not be enforced. These are as under;

  1. Contract for the non-performance of which compensation in money is an
    adequate relief
  2. A contract which runs into such minute or numerous details, or which is so
    dependent on the personal qualifications or volition of the parties, or
    otherwise from its nature is such, that the Court cannot enforce specific
    performance of its material terms
  3. Contract the terms of which the Court cannot find with reasonable
    certainty
  4. A contract which is in its nature revocable
  5. Contract made by trustees either in excess of their powers or in breach of
    their trust
  6. A contract made by or on behalf of a corporation or public company created
    for special purposes, or by the promoters of such company, which is in excess
    of its powers
  7. Contract the performance of which involves the performance of a
    continuous duty extending over a longer period than three years from its
    date
  8. A contract of which a material part of the subject- matter, supposed by
    both parties to exist, has, before it has been made, ceased to exist.

Court fee in Suit For Specific Performance

Section 7 clause (x) of court fee act 1870 states that;

For specific performance.– In suits for specific performance–

  1. of a contract of sale– according to the amount of the consideration,
  2. of contract of mortgage– according to the amount agreed to be secured,
  3. 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,
  4. 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:

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

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

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.

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

                      Advocate High Court

 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

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

ASR        …Plaintiff

Versus

Mst. TA etc        …Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.

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

It is therefore, respectfully prayed that ad-interim injunction restraining the defendants from transferring the plot No. __, measuring 250 Sq Yards, situated at St No. __ Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff and 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, till the final disposal of the main suit, in the interest of justice.

Petitioner

Through

    Counsel

  Advocate High Court

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

ASR        …Plaintiff

Versus

Mst. TA etc        …Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.

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

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