Tuesday, 12 February 2019
SUIT FOR POSSESSION THROUGH SPECIFIC PERFORMANCE
Q. Draft a plaint in a suit for specific performance in agreement to sell a house? A. Draft a Written Statement on behalf of the defendant in the above suit.
PLAINT
IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
Civil Suit No 123/06
____________________ S/O ______________________ R/O _____________________________
District_____________________________
Plaintiff
VERSUS
____________________ D/O ______________________R/O __________________________________
District____________________________
Defendant
SUIT FOR POSSESSION OF A HOUSE NO:_____________________________________ THROUGH SPECIFIC PERFORMANCE OF THE AGREEMENT DATED 24th AUGUST, 2005
It is respectfully submitted as under,
1. That the plaintiff entered into a sale agreement of his house _____________________ duly executed and signed by the defendant on 24-08-2005. The copy of the sale deed is attached with this suit.
2. That the boundaries of the house are as follows,
North: House of _____________________________
South: _____________________________________
East: House of ______________________________
West: Open plot _____________________________
3. That the plaintiff paid a sum of Rs 10 lacs to the defendant in consideration of this house but by one way or other, the defendant is refusing to hand over the possession of the said house to the plaintiff.
4. That the plaintiff has been and is still willing specifically to perform the agreement of his part according to the spirit of the sale agreement attached with this suit.
5. That on 24 02 2006, the plaintiff visited the defendant & requested him to hand over the possession of said house purchased by the plaintiff to him but the defendant flatly refused to do so. Hence this suit.
6. That the cause of action firstly arose on 24 08 2005 when the plaintiff purchased the said house in consideration of Rs. 10 lacs and paid all the money to the defendant and secondly and finally on 24.02.2006 when the defendant flatly refused to hand over the possession to the plaintiff.
7. That the plaintiff and the defendant reside at __________________________ and the disputed house is situated at __________________________, therefore the civil Court of _________________________ has the jurisdiction to try this suit.
8. That the valuation of this suit for the purposes of Court fee and jurisdiction is Rs 10 lacs, therefore this plaint is written on the stamp paper worth Rs, 15000/-.
In view of the above, it is respectfully prayed as under,
=> PRAYERS:
I. A decree may kindly be passed in favour of the plaintiff and against the defendant by handing over the possession of the disputed house to the plaintiff to him.
II. The defendant may kindly be directed to hand over the possession of the said house immediately and without any delay to the plaintiff.
III. The defendant may also be directed not to interfere in the lawful possession of the plaintiff.
IV. Any other relief deemed possible by this Honorable Court may also be granted.
Plaintiff
THROUGH COUNSEL,
_________________________________
_________________________________
_________________________________
=> VERIFICATION:
Verified on Oath at __________________________ on this 30th day of February 2006 that the contents of paras No 1 to 5 are true according to my knowledge and those of paras 6, 7 & 8 are correct according to my information and belief.
Plaintiff
WRITTEN STATEMENT
IN THE COURT OF Mr ABC, CIVIL JUDGE 1st CLASS, LAHORE
In Re: _____________________________ VERSUS _______________________________
(SUIT FOR POSSESSION OF A HOUSE NO:_____________________________ _ THROUGH SPECIFIC PERFORMANCE OF THE AGREEMENT DATED 24th AUGUST, 2005)
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT:
It is respectfully submitted as under,
1. Admitted
2. Admitted
3. Denied: According to the sale agreement attached by the plaintiff with this suit, the plaintiff paid a sum of Rs 7,50,000/- and 9 sum of Rs 2,50,000/- is still to be paid by the plaintiff to the defendant. It was agreed as also written in the sale agreement that the defendant will be liable to handover the possession of the house to the plaintiff only when the plaintiff will pay the remaining amount of Rs 2,50,000/- to the defendant.
4. Denied: The plaintiff has no will to perform his part according to the sale agreement because he had not paid the remaining amount of Rs. 2,50,000/- to the defendant. The defendant is ready to perform his part according to the sale agreement and to handover the possession of the house to the plaintiff, if the plaintiff pays the remaining amount.
5. Denied: The defendant never denied handing over the possession of the said house to the plaintiff. Defendant's stipulation is that, the remaining amount of Rs 2,50,000/- should be paid by the plaintiff to the defendant and then after, the defendant will hand over the possession of the house to the plaintiff.
6. Legal
7. Legal
8. Legal
In view of the above it is respectfully prayed as under,
=> PRAYERS:
I. This suit may kindly be dismissed.
II. Heavy costs may also be awarded to the defendant.
III. Any other relief deemed possible by this Honorable Court may also be granted.
Defendant
THROUGH COUNSEL,
_________________________________
_________________________________
_________________________________
=> VERIFICATION:
Verified on Oath at ___________________ on this 15th day of March 2006 that the contents of this Written Statement are true according to my belief and knowledge.
Defendant
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