Suit for Specific Performance of Agreement to Sell format

 

Suit for Specific Performance of Agreement to Sell format 

In the name of ALLAH, the most beneficent, the most merciful

 

IN THE COURT OF SENIOR CIVIL JUDGE RAWALPINDI

 

Zafran Khan son of Malik Said Akbar resident of House No.1,  Gali No. 1, Muslim Abad, Rawalpindi

Plaintiff

 

Versus

 

1.               Muhammad Yasir Sultan son of Muhammad Hanif resident of House No. 64, Gali No. C-170, Sector G-7/3-2, Islamabad

2.               Sub Registrar, Rawalpindi

3.               Tehsildar, Rawalpindi

4.               Halqa Patwari, Mouza Mohra Chappar, Rawalpindi

 

Defendants

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL DATED 08-04-2021, PERMANENT AND MANDATORY INJUNCTION

 

Respectfully Sheweth:

 

1.               That on 08-04-2021, the plaintiff and defendant entered into a written agreement to sell of House.  According to  the agreement, the defendant No.1 sold out his House, measuring 5 Marlas,  situated in Gali No. 3, Wakeel Colony, Executive Block, Chaklala Rawalpindi to the plaintiff against sale consideration of Rs. 52,00,000/-. (copy of Agreement to Sell is annexed)

 

2.               The plaintiff paid a sum of Rs. 32,00,000/- as earnest money to defendant No.1 at the time of execution of agreement, However remaining amount of Rs. 20,00,000/- was agreed to be paid by the plaintiff to defendant No. 1 on or  before 30-08-2021 and  defendant No.1  was bound to transfer the said house at the time of receiving the remaining sale consideration.

 

3.               That the possession of above said house was handed over by the defendant No.1 to plaintiff at the spot.

 

4.               That on 30-08-2021, the plaintiff contacted with defendant No.1 and requested him to receive the remaining sale consideration and to transfer the suit house in favour of plaintiff but he started delaying the matter and till today he has not transferred the suit house in favour of plaintiff.

 

5.               That the plaintiff is ready to fulfill his part performance but defendant No.1 has not fulfilled  his part performance.

 

6.               That on 03-09-2021, the plaintiff served a legal notice to defendant No.1 requesting him to receive the remaining sale consideration and to transfer the suit house in favour of plaintiff, but this legal notice has not been replied so far by the defendant No.1 hence this suit.

 

 

7.               That the cause of action accrued firstly on 08-04-2021 at the time of execution of agreement to sell and secondly on 30-08-2021 when the request of plaintiff to transfer of the said house was not acceded by the defendant No.1 and lastly on 03-09-2021, when the legal notice sent by plaintiff was not replied by the defendant No.1 which is  still continuing.

 

8.               That the cause of action accrued within territorial jurisdiction of this Honourable Court, suit property is also situated within the territorial jurisdiction of this Honourable court, hence this Honourable court has jurisdiction to adjudicate upon the matter.

 

9.               That the prescribed court  fee has been affixed on the plaint.

 

 

PRAYER:

 

It is therefore respectfully prayed that a decree to the following effects may kindly be passed in favour of plaintiff and against the defendants with costs.

 

 

1.               Specific performance of Agreement to sell dated 08-04-2021, directing the defendtnas No.1 to transfer the suit house in favour of plaintiff.

 

2.               Permanent Injunction  restraining the defendant No.1 from dispossessing the plaintiff from the suit house,  interfering, alienating, selling, transferring, entering into any  agreement to sell, creating any third party interest with regard to the suit property.  

 

3.               Mandatory Injunction directing the defendant No. 2  not to register Sale Deed or any other deed with regard to the suit house in favour of any other person except plaintiff. Defendant No. 3 may also be directed not to attest any mutation with regard to the suit property in favour of any other person except plaintiff. Defendant No. 4 may also be directed not to issue FARD BAY or FARD for any other purpose.

 

 

 

 

 

 

Plaintiff

 

Through

Counsel

 

 

VERIFICATION:

 

Verified on oath at Rawalpindi on ___day of September, 2021 that the contents of the plaint from Para No. 1 to 6 are true to the best of my knowledge and belief. Rest of the paras are believed to be correct as per information received. 

 

Plaintiff

 

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