SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT OF SALE, DECLARATION AND INJUNCTION



SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT OF SALE, DECLARATION AND INJUNCTION SAMPLE


IN THE COURT OF Ist SENIOR CIVIL JUDGE KARACHI (SOUTH) 
Suit No. /2012 

Shazia Nasir w/o Habib Nasir, Muslim, Adult, r/o Flat No. F-26, 2nd Floor, 
Faqir Market, Mohalla Kemari, Karachi. ----------------------------------- PLAINTIFF 
VERSUS
Farzana Nisar w/o Nisar Ahmed, Muslim, Adult, r/o Flat No. AX-15, 3rd Floor, 
Noman Views, Dr Daud Pota Road, Saddar, Karachi. -------------------- DEFENDANT 

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT OF SALE, DECLARATION AND INJUNCTION 

The Plaintiff abovenamed respectfully submits as under: 

1. That the Plaintiff is a respectful and law-abiding citizen of Pakistan and is residing at the address mentioned in the title and the Defendant is working as a social worker in various cities of Pakistan and remains mostly out of Karachi due to the nature of her work. 

2. That the Plaintiff, during the month of March 2010, learnt about the Defendant’s intention to sell the property Flat No. AX-15, 3rd Floor, Noman Views, Dr Daud Pota Road, Saddar, Karachi, (hereinafter referred to as the “subject property”). 

3. That, after correspondence between the Plaintiff and the Defendant and pursuant to verification of the title documents by the Plaintiff, both the parties entered into an Agreement of Sale (hereinafter referred to as the “Agreement”) dated 15/05/2010. It is submitted that the total sale consideration for the subject property was determined at Rs. 2, 200, 000/- (Rupees Two Million, Two Hundred Thousand Only) out of which an amount of Rs. 900, 000/- (Rupees Nine Hundred Thousand Only) was paid as earnest money. It is further submitted that the balance consideration of Rs. 1, 300, 000/- (Rupees One Million, Three Hundred Thousand Only) was to be paid by the Plaintiff within two weeks of the executing of the Agreement i.e., 15/05/2010. Furthermore, the Defendant was required to convey and transfer all proprietary rights, title and interests in favour of the Plaintiff by virtue of a registered sale deed on or before 20/07/2010, as stated in the Agreement and that the Agreement was made irrevocable by consent of both the parties. In the event that one party failed / neglected to perform its part of the Agreement, the other party would be entitled to have the Agreement specifically enforced by a competent court of law, whose decision would be treated as final and binding upon both the parties. 
                        (Photocopy of the Agreement of Sale are attached herewith and marked as Annexure “P-1”) 

4. That according to the Agreement, the possession of the subject property was also handed over to the Plaintiff by the Defendant. 

LEARN HOW TO WRITE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT OF SALE, DECLARATION AND INJUNCTION 

5. That following the date, i.e., 20/07/2010, on which the Defendant had agreed to get a sale deed registered from the concerned authorities in favour of the Plaintiff, the Plaintiff verbally inquired from the Defendant asking her when she would execute a sale deed in the Plaintiff’s favour. It is submitted that the Defendant assured the Plaintiff that she would execute a sale deed in the end of June as the Defendant had some other affairs to attend to. 

6. That the Defendant once again failed to perform her part of the Agreement on the second date which she had given to the Plaintiff, and since then up to the present day, the Plaintiff has relentlessly pursued the matter in order to expedite the same but the Defendant has on all occasions sought to maliciously delay and protract the matter. It is submitted that the Defendant has always made false assurances pertaining to the matter on one pretext or the other. It is submitted that the Plaintiff is still ready and willing to pay the balance consideration but the Defendant is neglecting to perform her part of the Agreement. 

7. That due to the non-performance of the Agreement by the Defendant till date, the Plaintiff has faced and is still facing countless unwanted difficulties. 

8. That the dishonesty and malafide of the Defendant further augmented from this fact that in the month of January, 2012, the Plaintiff, through a common acquaintance of the Plaintiff and the Defendant, learned that the Defendant intends to sell the subject property to a third party and was engaged in verbal negotiations with the third party regarding the sale of the subject property.

HOW TO DRAFT SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT OF SALE, DECLARATION AND INJUNCTION IN PAKISTAN

9. That given the prevalent circumstances, the Plaintiff seeks the indulgence and the intervention of this Hon’ble Court in order to realize a valuable right that has been accrued to it and to bear the fruit of an amount already advanced to the Defendant, hence, this suit. 

10. That the cause of action initially accrued to the Plaintiff on 15/05/2010 when the Agreement was executed between the parties hereto; secondly, on the date when the Defendant was required to get the sale deed registered; thirdly, when the Defendant again asked that she may be allowed to fulfil her part of the Agreement on 20/07/2010; and, lastly, when the Plaintiff learnt that the Defendant intends to sell the subject property to a third party. However, this being a continuing cause of action shall subsist till such time when the relief sought for through the instant suit is granted. 

11. That for the purposes of Court Fee, the instant suit is valued at Rs. ______________________________________ only and said court fee is affixed herewith. That the subject property is situated within the limits and bounds of P. S. _________________________, which falls within the jurisdiction of this Hon’ble Court. 

PRAYER 

It is, therefore, in the interest of justice, equity and good conscience prayed that this Hon’ble Court may be pleased to grant a Judgment and Decree as follows: 

a. Declare that the Plaintiff has lawfully acquired the possession of the subject property and is the lawful purchaser of the same; 

b. Direct the Defendant to make the necessary conveyance and transfer of all proprietary rights and interests in the subject property in favour of the Plaintiff as per the Agreement before the concerned Sub-Registrar; 

c. To grant permanent injunction restraining the Defendant from creating any third-party interests in the subject property; 

d. Any other, better, further and/or equitable relief that this Hon’ble Court may deem fit, proper and necessary, given the prevalent circumstances of the case; & 

e. Costs of the suit may kindly be awarded. 

Karachi Dated:                                                                             PLAINTIFF

10/05/2012                                                              ADVOCATE FOR THE PLAINTIFF 


VERIFICATION 

I, Shazia Nasir w/o Habib Nasir, Muslim, Adult, r/o Flat No. F-26, 2nd Floor, Faqir Market, Mohalla Kemari, Karachi, holding CNIC No. 41236-7891234- 0, do hereby on solemn oath and affirmation submit that whatever is stated above is true and correct to the best of my knowledge and belief. 

                                                                                                    DEPONENT 
                                                            Identified by me.

  • Document(s) filed: Annexure ‘P-1’ 
  • Document(s) relied upon: Annexure ‘P-1’ and all other documents that are necessary and relevant to the subject matter. 
  • Address for service: As mentioned in the Title. 
  • Address for the Plaintiff’s counsel: As mentioned in the Vakalatnama 
Drafted by me
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