SUIT FOR POSSESSION BY WAY OF SPECIFIC PERFORMANCE OF AGREEMENT TO SELL WITH CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION
FORMAT OF SUIT FOR POSSESSION BY WAY OF SPECIFIC PERFORMANCE OF AGREEMENT TO SELL WITH CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, ____
Jagan Singh son of Sh.__________________R/o ______________________
………Plaintiff
VERSUS
Tek Chand___________________________________. ……Defendant
SUIT FOR POSSESSION BY WAY OF SPECIFIC PERFORMANCE OF AGREEMENT TO SELL DATED 19-12-2013 WITH CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION
Respectfully Showeth
1- That the
defendant entered into an agreement to sell dated 19-12-2013 to sell his plot
admeasuring 22’6”x 20’ total area measuring 1 ½ Marla i.e. 50 Sq. Yards forming part of
the land bearing Khewat /Khatoni No 105/147, Rect No. 31, Killa No. 3(4-0),
8/2(1-7), which is situated in ______________________. The said plot is bounded as under :-
East - Property of Defendant
West - Road 22 Ft. wide Asawati to Pyala
North - Kabristan
South - property of the defendant
The defendant executed, signed and put his LTI on the said Full and
final Agreement to sell in the presence of witnesses at Palwal. The photocopy
of the Agreement to sell is attached herewith as Annexure –P-1.
2- That the total sale consideration
of the above mentioned plot was settled as Rs. 2,10,000/- (Rupees One Lacs
& Ten Thousand only). The plaintiff paid the full and final sale
consideration amount of Rs. 2,10,000/- (Rupees One Lacs & Ten Thousand
only) to the defendant on the same day. In this regard the defendant has also
executed, signed and put his LTI on the separate receipt dated 19-12-2013 in
token of the amount of full and final sale consideration in the presence of
witnesses at _______. The photocopy of the full and final receipt is enclosed
herewith as Annexure –P-2. The defendant had delivered the actual and
physical possession of the suit property to the plaintiff on the same day.
3- That as per the terms and
conditions of the agreement to sell it was settled that whenever the plaintiff would
like to get executed and registered the sale deed in his favour then the
defendant and his nominees will execute and get registered the sale deed in
favour of the plaintiff.
4- That as per the terms and
conditions of the Agreement to sell it was settled that if the defendant would
fail to perform his part of contract then the plaintiff shall have right to get
the said property /plot transferred in his name through the court of law and in
that event the defendant shall be fully responsible for all costs, risk and
consequences thereof. It was also agreed that the defendant will never
ejected/dispossess the plaintiff from the suit property.
5- That on 04-01-2014 the defendant
alongwith his brothers namely _______ along with Lathis and Dandas came at the suit property and the
defendant dispossessed the plaintiff from the suit property forcibly and
illegally. The defendant and his brothers also destroyed the building material lying
over the suit property forcibly, illegally and unlawfully.
6- That the plaintiff moved a
complaint dated 05-01-2014 to the Incharge of Police Station _________ against the
defendant and his brothers. But no action was taken by the said police. So the
plaintiff moved another complaint dated 08-01-2014 to the S.P., ___________ against
the defendant which was diaried at Serial No. 115-P- 08-01-2014. But no action
was taken by the Superintendent of Police __________. Thereafter the plaintiff send
the complaints to the Chief Secretary Govt. of Haryana, DGP Panchkula, Human
Rights Commission, New Delhi on 15-01-2014 against the defendant thereby
requesting the authorities to get handed over the possession of the suit
property and to protect the life and liberty of the plaintiff from the defendant,
his brothers and musclemen. The photocopies of the complaints are enclosed
herewith as Annexure P-3 to P-8.
7- That the defendant is strong headed
person and he is having links with the police and politicians. The defendant has
clearly refused to execute any sale deed in favour of the plaintiff, he threatened
that the police or law cannot harm him and the suit property will remain in possession of the
defendant and his family members. The defendant threatened that he will saw how
the plaintiff will get executed and registered the sale deed from the
defendant. He is engaged in entering into such agreements and grabbed the money
of various persons. The defendant also said that he is having links with Gunda persons
and he will get killed the plaintiff after abducting.
8- That now the defendant dishonest
and malafide intention is bent upon to change the nature of the suit property
by way of raising construction. The defendant is also bent upon to create third
party interest by way of alienating, selling and transferring the suit property
to some other person forcibly and illegally. The defendant has clearly refused
to execute the sale deed in favour of the plaintiff and the defendant has been
threatening the plaintiff that the defendant will execute the sale deed in
favour of any other person and will handover the possession of the suit
property to any other person forcibly, illegally and unlawfully for which the
defendant has got no right, title and interest to do so. If the defendant will
be succeeded in his illegal motives and designs then the plaintiff will suffer
an irreparable loss and injuries, which cannot be compensated in any manner
whatsoever.
9- That in view of the above facts of
the case, thus the defendant has been miserably failed to perform his part of
contract within the stipulated period of agreement as well as later on and
backing out from their commitment intentionally, deliberately and with a
malafde intention to avoid the execution of the sale Deed of the suit land and
to cause wrongful financial loss to the plaintiff and to grab his huge money
and to take wrongful gain, hence this suit.
10- That the cause of action to file
the present suit accrued in favour of plaintiff and against the defendant on 19-12-2013
when the defendant entered into
agreement to sell with the plaintiff and received the full and final sale
consideration amount from the plaintiff in the presence of witnesses and
executed, signed and thumb marked the agreement to sell and payment receipt. The
cause of action further arose on 04-01-2014 when the defendant alongwith his
brothers namely _______________ along with Lathis and Dandas came at the suit property and the defendant
dispossessed the plaintiff from the suit property. The cause of action also
arose on 05-01-2014, 08-01-2014 and on 15-01-2014 when the plaintiff moved
complaints to the police as well as higher authorities against the defendant
but no action was taken against the defendant. The cause of action finally
arose on 09-03-2014 when the defendant threatened to change the nature of the
suit property and also threatened to create third party interest by way of
selling, alienating and transferring the suit to any other person forcibly and
illegally. Hence 09-03-2014 is the final date of cause of action arose in
favour of the plaintiff and against the defendants which necessitated
11- That no such other suit between the
same parties on the same subject mater and on the same property has previously
been filed, pending or has been decided any court of law
12- That the both the parties have been
residing at _______, suit property is situated at _________ and the
entire cause of action also accrued between the parties at __________, within the
territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble court
has got the jurisdiction to entertain, try and decide the present suit
13- That the value of the suit for the
purposes of court fee and jurisdiction is assessed at Rs. 2,10,000/- upon which
an advolorum court fee Stamp of Rs. 13,425/- is payable on the relief of
specific performance hence court fees of Rs. 13,425/ has been affixed on the
plaint.
PRAYER:
It is, therefore, prayed that this
Hon’ble court may graciously be pleased to pass: -
i) A decree for Specific Performance
of the Agreement dated 19-12-2013 in favour of the plaintiff and against the
defendant thereby directing the defendant to execute and get the necessary sale
Deed registered in respect of the property i.e. plot admeasuring 22’6”x 20’ total area measuring 1 ½ Marla i.e. 50 Sq. Yards forming part of
the land bearing Khewat /Khatoni No 105/147, Rect No. 31, Killa No. 3(4-0),
8/2(1-7), which is situated in _______________________________________ in favour of the
plaintiff or his nominees in the office of Sub-Registrar,___________, with all
rights, title and interest appurtenant thereto. It is further prayed that the
defendant may kindly be directed to handover the actual and vacant and physical
possession of the suit property to the plaintiff on the spot.
ii) In the consequential relief a
decree of permanent prohibitory injunction thereby restraining the defendants
from changing the nature of the suit property by way of raising any
construction, further negotiating, entering into on agreement to sell, executing
any sale deed, transfer deed or any deed and documents in favour of any other
person and also restraining the defendant from creating any third party
interest by way of selling, alienating and transferring the suit land in favour
of any other person, which is fully mentioned in para No. 1 of the plaint to
anybody else forcibly, illegally in any coercive manner whatsoever till pending
final disposal of the suit.
iii) Costs of the suit may also be
passed in favour of the plaintiff and against the defendant
iv) Any other Relief, which this Hon’ble court deems fit and proper may also kindly, be granted in favour the plaintiff and against the defendants.
Plaintiff
Through counsel:
VERIFICATION:
Verified that the contents of paras No.1 to 10 of the plaint are true and correct to best of my knowledge and Paras No. 11 to 13 of the plaint are true to best of my knowledge and belief and nothing has been cancelled therein. Verified at _________________
Plaintiff
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, _____
Jagan Singh VERSUS Tek Chand
SUIT FOR POSSESSION BY WAY OF SPECIFIC PERFORMANCE OF AGREEMENT TO SELL DATED 19-12-2013 WITH CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION
APPLICATION UNDER ORDER 39, RULE 1 & 2 READ WITH SECTION 151 CPC PRAYING FOR GRANT OF EX-PRATE AD-INTERIM INJUNCTIVE ORDER.
RESPECTFULLY
SHOWETH: -
1- That the applicant/plaintiff has filed the above noted suit
today before this Hon’ble Court the content of which may kindly be read as part
and parcel of this application as the same are not being reproduced herein for
the sake of brevity and avoidance of repetition.
2- That succinctly stated that the applicant has very good
prima-facie strong case to succeed and the balance of convenience heavily tilts
in his favour, and he shall suffer an irreparable loss and irreparable and
incalculable injuries if the stay sought for is not granted to the
applicant/plaintiff.
3- That the object of
justice would be defeated by the delay, very purpose of filing this suit would
be vitiated and it would lead to multifarious litigations if the relief sought
for is not granted. That now the defendant dishonest and malafide intention is
bent upon to change the nature of the suit property by way of raising construction.
The defendant is also bent upon to create third party interest by way of
alienating, selling and transferring the suit property to some other person
forcibly and illegally. The defendant has clearly refused to execute the sale
deed in favour of the plaintiff and the defendant has been threatening the
plaintiff that the defendant will execute the sale deed in favour of any other
person and will handover the possession of the suit property to any other
person forcibly, illegally and unlawfully for which the defendant has got no
right, title and interest to do so. If the defendant will be succeeded in his
illegal motives and designs then the plaintiff will suffer an irreparable loss
and injuries, which cannot be compensated in any manner whatsoever. If the
defendants will be succeeded in his illegal motives then the plaintiff will
suffer an irreparable loss and injuries, which cannot be compensated in any
manner whatsoever.
Prayer: -
It
is, therefore, prayed that an ex-parte, ad-interim injunctive order thereby restraining
the defendants from changing the nature of the suit property by way of raising
any construction, further negotiating, entering into on agreement to sell,
executing any sale deed, transfer deed or any deed and documents in favour of any
other person and also restraining the defendant from creating any third party
interest by way of selling, alienating and transferring the suit land in favour
of any other person, which is fully mentioned in para No. 1 of the plaint to
anybody else forcibly, illegally in any coercive manner whatsoever
An affidavit is attached herewith.
Dated Applicant/Plaintiff
Through counsel:
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, _____
Jagan Singh VERSUS Tek Chand
SUIT FOR POSSESSION BY WAY OF SPECIFIC PERFORMANCE OF AGREEMENT TO SELL DATED 19-12-2013 WITH CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION
AFFIDAVIT
I,
Jagan Singh ___________ do hereby solemnly
affirm and declare as under:-
1- That the deponent has filed the
above noted suit alongwith an application for stay today before this Hon’ble
court, the contents of which may be read as part and parcel of this affidavit
for the sake of brevity and avoidance of repetition.
2- That the object of justice would be defeated by the delay, very purpose of filling this suit would be vitiated and it would lead to multifarious litigations if the relief sought for is not granted.
Deponent
VERIFICATION:
Verified that the contents of my affidavit are true and correct to best of my knowledge and belief and nothing has been concealed therein. Verified at ___________
Deponent
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