Specific performance of the agreement
Purpose: To urge enforcement associate agreement through the court of civil law.
IN THE COURT OF SENIOR CIVIL JUDGE, (EAST),
ISLAMABAD
In the matter of:
(Name, parentage, and address of plaintiff …. Plaintiff
Versus
(Name, parentage, and address of defendant) …. Defendant
SUIT FOR PERFORMANCE OF AGREEMENT DATED
NINETEEN.07.2017 AND PERMANENT INJUNCTION
Respectfully Sheweth:-
That the litigant was the lawful owner in possession of Hall No. a pair
of measure 27-3/4” X fifty nine.6” (1615 Sq.ft) , as well as walls, ground floor created at plot No. 2163, Zain Arcade,
Block A, Bagga Dhamyal, Housing Society, Tehsil & District national
capital, vide allotment letter No. XX0003355 (hereinafter known as the suit
property).
That the complainant contains a smart relationship with the litigant
and therefore the complainant purchased the above-said property specifically
mentioned in para No. one of the plaints from the litigant vide agreement to
sell dated nineteen.07.2017 against total thought of Rs.5 million that has been
paid by the complainant via cheque No. 24-107576867213, Allied Bank restricted
Saidpur Road Branch, Rawalpindi dated nineteen.07.2017 as full and payment to
the litigant in presence of witnesses. Copy of agreement dated nineteen.07.2017
is annexed hereby for kind perusing of this Hon’ble court.
That the complainant has paid the wholesale thought of the suit
property to the litigant and {also the} litigant also handed over the vacant
and peaceful possession of the suit property to the complainant and since then
the complainant is enjoying its possessory and proprietary rights with none
interference or interruption from any corner.
That when execution and
completion of the sale agreement, in presence of witnesses, though the litigant
handed over the vacant and peaceful possession of the suit property to the
complainant variety of times requested the litigant to transfer the suit
property within the name of the complainant before the involved workplace
however the litigant is lingering on the matter one or the opposite lame excuse
and sham that the litigant has submitted completion arrange and needed
documents from the involved workplace of the society and currently some days
agone, the complainant once more requested to the litigant for completion of
the complete method however the litigant has refused to accede the lawful
request of the complainant and therefore the complainant finding currently away
to filing the moment suit before this Hon’ble court for redressal of his
grievances.
That currently the complainant is the lawful owner of the suit property
specifically mentioned in para No. one of the plaint and therefore the litigant
has no involved whatever with the purchased property vide agreement dated
nineteen.07.2017 and therefore the complainant has paid the total and payment
through cheque that has already been encashed on eighteen.09.2018 and zilch is
outstanding against the complainant and therefore the litigant is duty sure as
per terms and conditions of the agreement dated nineteen.07.2017 as a result of
the complainant has already performed his a part of the agreement.
That the reason behind action increased finally before every week agone
once the litigant has unconditionally refused to execute register sale deed or
mutation within the record of the society and therefore the same is continuous
day by day.
That the reason behind action increased to the complainant at intervals
the territorial limits of this Hon’ble Court, thence this Hon’ble court has
jurisdiction to undertake and adjudicate upon the matter.
That the worth of the suit for the aim of court fee and jurisdiction is
fastened as Rs.3000/-, whereas, the complainant is prepared to affix the right
court fee and jurisdiction.
PRAYER:
In view of the higher than circumstances, it is, most with all respect
prayed that a decree for the performance of the agreement dated
nineteen.07.2017 between the complainant and therefore the litigant with the
direction to the litigant to perform his a part of an associate agreement with
its true litter and to execute and complete all the legal formalities within
the record of the society in favor of complainant against the litigant
otherwise reader of this Hon’ble Court could kindly be to execute and complete
the sale deed or mutation in favor of the complainant within the record of the
society, could kindly be passed.
A decree for a permanent injunction restraining the litigant for good
from claiming the possession of the suit property specifically mentioned in
para No. one of the plaint or from intrusive into the lawful possession of the
complainant or any antagonistic and transferring the suit property to anybody
else or to make interest in suit property or making any kind of hindrance or
hurdle in possession of complainant over the suit property illicitly,
unlawfully and while not due process of law in any manner whatever, could
kindly be passed in favor of the complainant and against the litigant with
prices.
Any other relief that this Hon’ble court deems simply and correct may
additionally be awarded.
Plaintiff Through Counsel
Verification: -
Verified on Oath at national capital this Gregorian calendar month twenty-three,
2022, that the contents of para-No. one to five are true and proper to the
simplest of my data and belief and whereas para-No. nine to eight are believed
to be true.
…. Plaintiff
Note:
1. Enclose application
U/O thirty-nine Rule 1 & 2 of CPC with section 151 CPC.
2. Enclose a replica
of the agreement and alternative relevant documents.
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