SUIT FOR SPECIFIC PERFORMANCE OF

CONTRACT
Specific performance of a contract is a specific remedy provided under Sections 9-25 of the Specific
Relief Act, 1963.

Who may sue for specific performance

Section 15 lays down that specific performance of a contract may be obtained by

(a) any party thereto;

(b) the representative in interest or the principal, of any party thereto;

{rovided that where the learning, skill, insolvency or any personal quality of such party is a
material ingredient in the contract, or where the contract provides that his interest shall not be
assigned, his representative in interest or his principal shall not be entitled to specific performance of
the contract, unless such party has already performed his part of the contract, or the performance
thereof by his representative in interest, or his principal, has been accepted by the other party;

(c) when a company has entered into a contract and subsequently becomes amalgamated with another
company the new company which arises out of the amalgamation;
(d) when the promoters of a company have, before its incorporation, entered into a contract for the
purpose of the company and such a contract is warranted by the terms of the incorporation of the
company provided that the company has accepted the contract and has communicated such
acceptance to the other party to the contract.

Who can be sued for Specific Performance [S. 19]

Specific Performance may be enforced against –

(a) either party thereto;

(b) any other person claiming under him by a title arising subsequently to the contract, except a
transferee for value who has paid his money in good faith and without notice of the original
contract;
(c) any person claiming under a title which, though prior to the contract and known to the plaintiff,
might have been displaced by the defendant;
(d) when a company has entered into a contract and subsequently becomes amalgamated with another
company, the new company which arises out of the amalgamation;
(e) when the promoters of a company have, before its incorporation, entered into a contract for the
purpose of the company and such contract is warranted by the terms of the incorporation, the
company:

Provided that the company has accepted the contract and communicated such acceptance to
the other party to the contract.

Cases in which specific performance of contract enforceable [S. 10]

The specific performance of any contract may, in the discretion of the court, be enforced –

(a) when there exists no standard for ascertaining the actual damage caused by the non-performance
of the act agreed to be done; or
(b) when the act agreed to be done in such that compensation in money for its non-performance
would not afford adequate relief.

Unless and until the contrary is proved, the court shall presume –

(i) that the breach of a contract to transfer immovable property cannot be adequately relieved by
compensation in money; and
(ii) that the breach of a contract to transfer movable property can be so relieved except in the
following cases –
(a) where the property is not an ordinary article of commerce, or is of special value or
interest to the plaintiff, or consists of goods which are not easily obtainable in the market;
(b) where the property is held by the defendant as the agent or trustee of the plaintiff.

Contracts not Specifically Enforceable [S. 14]

The following contracts cannot be specifically enforced, namely –

1. A contract for the non-performance of which compensation in money is an adequate relief;

2. A contract which runs into such minute or numerous details or which is so dependent on the
personal qualification or volition of the parties, or otherwise from its nature is such, that the court
cannot enforce specific performance of its material terms;
3. A contract which is in its nature determinable;
4. A contract the performance of which involves the performance of a continuous duty which the
court cannot supervise.
5. A contract to refer present or future differences to arbitration.

Essentials in a suit for specific performance

To succeed in a suit for specific performance, the plaintiff has to prove that –
1. a valid agreement of sale was entered into by the defendant in his favour and the terms thereof;
2. the defendant committed breach of the contract; and
3. he was always ready and willing to perform his part of the obligations in terms of the contract

To adjudge whether the plaintiff is ready and willing to perform his part of the contract, the court
takes into consideration the conduct of the plaintiff prior and subsequent to the filing of the suit along
with other attending circumstances. Right from the date of the execution of the contract till the date of
the decree, he must prove that he is ready and has always been willing to perform his part of the
contract.
 IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,
PUNE, AT PUNE

Special Civil Suit No. ______/2018

Mr. ABC, )
Age about __ yrs., )
Occupation – Business, )
Residing at – 123, MG Road, Pune – 411001 ) …Plaintiff

versus

(1) Mr. XYZ, )

Age about __ years, )
Occupation – Service, )
Residing at – 489, F.C. Road, Pune – 411004 )

(2) Mr. DEF, )

Age about __ years, )
Occupation – Business, )
Residing at – 456, JM Road, Pune – 411004 ) …Defendants

SUIT FOR SPECIFIC

PERFORMANCE
VALUED AT RS.
1,00,00,000/-

THE PLAINTIFF ABOVENAMED MOST RESPECTFULLY

SHEWETH

1. Description of Property –
All that piece and parcel of flat bearing Flat No. 601, C-1
Wing, Vidya Apartments, Kothrud, Pune – 411038,
admeasuring about 1200 sq. ft. (One Thousand Two Hundred
Square Feet) and which is bounded as follows –
 On or towards East – By Flat No. 602
On or towards South – By 10 ft. wide common
area
On or towards West – By Survey No. 45
On or towards North – By Survey No. 43
(Hereinafter called and referred to as ‘the said Flat’ for the sake
of brevity and convenience).
2. That the Plaintiff states that the Plaintiff is a permanent resident
of Pune city, working at ABC Co. Pvt. Ltd. That the Defendant No. 1
is also a permanent resident of Pune, residing at the address mentioned
above.
[

3. That the Plaintiff states that the said Flat was owned by the
Defendant No. 1 herein and that the Defendant No. 2 is the subsequent
purchaser of the said Flat.
[

4. That the Plaintiff states that the Defendant No. 1 intended to

sell the said Flat to an eligible purchaser. That the Plaintiff herein
intended to buy a new house in Kothrud area in the city of Pune. That
the Plaintiff came to know of the Defendant No. 1’s intention to sell
the said Flat through a common friend namely Mr. PQR.
[

5. That the Plaintiff states that the Plaintiff and the Defendant No.
1 met at the residence of the Defendant No. 1 in the presence of Mr.
PQR in or about January, 2014 in order to discuss the sale of the said
Flat.
[

6. That the Plaintiff states that the Defendant No. 1 offered to sell
the said Flat at Rs. 1,00,00,000/- (Rupees One Crore Only). That the
said offer of the Defendant No. 1 was accepted by the Plaintiff and in
furtherance of the same the Plaintiff and the Defendant No. 1 had
decided to execute an agreement to sell in respect of the said Flat.
[[[

7. That the Plaintiff states that after several negotiations, an

agreement to sell dated 12-06-2015 was executed by and between the
Plaintiff and Defendant No. 1, duly registered with the office of Sub-
Registrar, Taluka Haveli, District Pune, at Serial No. 125/2015. A copy
of the said Agreement to Sell dated 12-06-2015 is produced herewith
for the kind perusal of this Hon’ble Court.
[

8. That the Plaintiff states that as per the terms of the said
Agreement to Sell, the Plaintiff was required to pay an earnest money
of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) on or before 1st June
2016, and was required to pay the balance consideration on or before
1st June 2018. That the Defendant No. 1 was required to deliver vacant
and peaceful possession of the said Flat on or before 1st June 2018.
[

9. That the Plaintiff states that till date the Plaintiff has paid Rs.
90,00,000/- (Rupees Ninety Lakhs Only) by various cheques of Rs.
10,00,000/- (Rupees Ten Lakhs Only) each, by completely following
the terms of the contract diligently and punctually. The Plaintiff craves
leave of this Hon’ble Court to refer to and rely upon the said cheques.
[[

10. That the Plaintiff states that on or about 15th November 2017,
when the Plaintiff visited the said Flat for inspection, the Plaintiff
observed that the Defendant No. 2 is occupying the said Flat.
[

11. That the Plaintiff states that the Plaintiff tried to find out the
antecedents of Defendant No. 2 and came to know that the Defendant
No. 1 has executed a Sale Deed dated 01-10-2017 in favour of
Defendant No. 2 registered with the office of the Sub-Registrar, Taluka
Haveli, District Pune at Serial No. 987/2017. The Plaintiff craves leave
leave of this Hon’ble Court to refer to and rely upon the said Sale Deed
dated 01-10-2017.
[

12. That the Plaintiff states that the Plaintiff has performed his part
of the contract diligently and punctually and is ready and willing to
perform his part in future by paying the balance consideration on or
before 1st June 2018. However, the Defendant No. 1 has refused to
adhere to his promise by executing a sale deed in favour of Defendant
No. 2.
[[

13. That the Plaintiff states that the Defendant No. 2 has not taken
proper care in relation to the said Flat. That had he taken due care and
caution, he would have had notice of the agreement to sell dated 12-
06-2015.
[

14. That the Plaintiff states that in furtherance of the

representations and promise made by the Defendant No. 1, the Plaintiff
raised a loan of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) from the
State Bank of India, Deccan Branch. A copy of the said sanctioned
loan documents is produced herewith for the kind perusal of this
Hon’ble Court.
15. That the Plaintiff states that the Plaintiff has altered his position
by raising the said loan. That therefore, the Defendant No. 1 is now
estopped from withdrawing his own promise to the Plaintiff. That the
Defendant No. 1 is duty bound and under contractual obligation to
execute and register a sale lease deed in respect of the said Flat in
favour of the Plaintiff, on the agreed terms and conditions. However by
registering a sale deed in favour of Defendant No. 2, the Defendant
No. 1 has committed breach of contract.
[[[

16. That the Plaintiff states that since the Defendant No. 1 has
failed, neglected and avoided to execute and register the sale deed of
the said Flat in favour of the Plaintiff, on the agreed terms and
conditions, the Plaintiff is compelled to approach this Hon’ble Court
for the reliefs as prayed for.
17. That the Plaintiff states that upon gaining knowledge of the sale
deed dated 01-10-2017, the Plaintiff sent a notice to the Defendant No.
1 through his advocate on 30th November 2017. That the said notice
has not been replied to by the Defendant No. 1.
[
18. That the cause of action to the present suit firstly arose when
the Defendant No. 1 failed, neglected and avoided to execute and
register sale deed of the said Flat in favour of the Plaintiff, on the
agreed terms and conditions, in the manner stated hereinabove, and
executed Sale Deed dated 01-10-2017 in favour of Defendant No. 2. It
lastly arose, when despite the notice dated 30th November 2017, the
Defendant No. 1 refused to execute and register sale deed of the said
Flat in favour of the Plaintiff and continues to arise thereafter till
today.
[

19. That the present suit is for specific performance of agreement

to sell in respect of the said Flat, for consideration of Rs.1,00, 000/-
(Rupees One Crore Only) and therefore, valued at Rs.1,00,00,000/-
(Rupees One Crore Only). That appropriate Court fee has been paid
thereupon.
20. That this Hon’ble Court has jurisdiction to entertain and try the
present suit.
21. That the present suit is not barred by the law of limitation.

PRAYER
22. That the Plaintiff therefore, most humbly prays –
a. That the Defendants may kindly be directed to execute and
register sale deed of the Flat, which is more particularly described in
Paragraph No. 1 above, in favour of the Plaintiff, forthwith;
b. That it be declared that the Sale Deed executed by and
between Defendant No. 1 and Defendant No. 2 in respect of the said
Flat is patently illegal and not binding on the Plaintiff;
c. That the costs of the present suit throughout may kindly be
awarded in favour of Plaintiff;
d. For any other just and reasonable order to meet the ends of
justice and equity.
AND FOR THIS ACT OF KINDNESS, THE PLAINTIFF
ABOVENAMED, AS IN DUTY BOUND, SHALL EVER PRAY.

Place: Pune

Dated: 5th March, 2018 PLAINTIFF

Sd/-

Advocate for the Plaintiff

VERIFICATION

I, Mr. ABC, Age about ___ years, Occupation –

Business, the Plaintiff abovenamed, do hereby state on solemn
affirmation that what is stated in the above paragraphs 1 to 21 of the
Plaint are true and correct to the best of my knowledge and
information.

Solemnly affirmed on this 5th day of the month of March, 2018 at

Pune.

Place: Pune

PLAINTIFF

An affidavit in support of the above plaint is filed herein.

 IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,
PUNE, AT PUNE

Special Civil Suit No. 101/2018

Mr. ABC, )
Age about __ yrs., )
Occupation – Business, )
Residing at – 123, MG Road, Pune – 411001 ) …Plaintiff

versus

(1) Mr. XYZ, )

Age about __ years, )
Occupation – Service, )
Residing at – 489, F.C. Road, Pune – 411004 )

(2) Mr. DEF, )

Age about __ years, )
Occupation – Business, )
Residing at – 456, JM Road, Pune – 411004 ) …Defendants

WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO. 1

IS AS UNDER:

1. That at the outset, this Defendant denies each and every

allegation as set out in the Plaint except to the extent that is specifically
stated herein. Mere non reply to any particular statement/allegation by
this Defendant shall not be construed to be an acceptance on the part
this Defendant.
2. That the suit is not legal and tenable at law.
[

3. That the contents of paragraph (1) of the plaint describing the

said Flat are true and correct and hence admitted by this Defendant.
4. That the contents of paragraphs (2) and (3) of the plaint
describing the parties to the suit are true and correct and hence
admitted by this Defendant.
5. That this Defendant is not aware and does not admit the
contents of paragraph (4) of the plaint and puts the Plaintiff to strict
proof thereof.
6. That the contents of paragraph (5) of the plaint regarding the
meeting between the Plaintiff and this Defendant are true and hence
admitted by this Defendant.
7. That the contents of paragraph (6) regarding the consideration
price for the said Flat are true and hence admitted by this Defendant.
[

8. That the contents of paragraph (7) regarding execution of an

agreement to sell dated 12-06-2015 are true and hence admitted by this
Defendant.
9. That the contents of paragraph (8) of the plaint regarding the
terms and conditions of the agreement to sell are true and hence
admitted by this Defendant.
10. That the contents of paragraph (9) of the plaint regarding
payments made by the Plaintiff are false, misleading and frivoulous
and the same are denied by this Defendant.
11. That this Defendant states that the Plaintiff has purposely
suppressed the material facts from the court that the cheques tendered
by the Plaintiff have been dishonoured by the bank of this Defendant
upon presentation.

12. That time and again when this Defendant presented the cheques
issued by the Plaintiff for payment, the same were dishonored by the
Drawer Bank with the reason “Funds Insufficient”. A copy of the said
cheques alongwith the respective dishonour memos is produced
herewith for the kind perusal of this Hon’ble Court.
[
13. That this Defendant states that this Defendant wrote several
letters to the Plaintiff requesting him to tender a valid cheque in respect
of the said instalments. This Defendant craves leave to Hon’ble Court
to refer to and rely upon the said letters.
14. That this Defendant states that on or about 15th July 2017, this
Defendant wrote a letter to the Plaintiff signifying his intention to
repudiate the contract. A copy of the said letter is produced herewith
for the kind perusal of this Hon’ble Court.
15. That this Defendant states that as a consequence of the notice
of repudiation of the agreement to sell dated 12-06-2015, the
contractual relations between the Plaintiff and this Defendant have
come to an end.
16. That this Defendant states and submits that as there were no
contractual relations existing between the Plaintiff and this Defendant,
this Defendant deemed fit to sell the said Flat to Defendant No. 2.
17. That this Defendant states that in light of the abovementioned
facts and circumstances, the Plaintiff is not entitled to the relief as
prayed for.
18. That this Defendant states that the Plaintiff has not approached
this Hon’ble Court with clean hands, and has not shown readiness and
willingness to perform his part of the contract.
19. That this Defendant states that the Plaintiff has suppressed
material facts from this Court and that the suit is baseless and without
merit
PRAYER
20. That this Defendant therefore, most humbly prays –
(a) That the suit of the Plaintiff may kindly be dismissed;
(b) That the Plaintiff may kindly be directed to pay exemplary
costs of Rs. 50,000/- to this Defendant; and
(c) For any other just and reasonable order to meet the ends of
justice and equity.

AND FOR THIS ACT OF KINDNESS, THE DEFENDANT

ABOVENAMED, AS IN DUTY BOUND, SHALL EVER PRAY.

Place: Pune

Dated: 5th April, 2018 DEFENDANT NO. 1

Sd/-

Advocate for Defendant No. 1

VERIFICATION

I, Mr. XYZ, Age about ___ years, Occupation –

Service, the Defendant No. 1 abovenamed, do hereby state on solemn
affirmation that what is stated in the above paragraphs 1 to 19 of the
Written Statement are true and correct to the best of my knowledge and
information.

Solemnly affirmed on this 5th day of the month of April, 2018 at Pune.

Place: Pune

DEFENDANT NO. 1

An affidavit in support of the above written statement is filed herein.