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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, ____

                                                                                 Civil Suit No…

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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