Write a plaint for the specific performance of the Contract

 

Write a plaint for the specific performance of the Contract

 

IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) AT City Name, DISTRICT Name, STATE

Civil Suit No. ____ of 2025

In the matter of:

Mr. XYZ
S/o  ABC,
R/o House No. 45, SOCIETY NAME,
CITY, STATE – 201310
…Plaintiff

Versus

Mr. XYZ

S/o ABC,
R/o C-112, SOCIETY NAME,
CITY , STATE – 201308
…Defendant

 

PLAINT UNDER SECTION 9 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTIONS 10 AND 20 OF THE SPECIFIC RELIEF ACT, 1963, FOR SPECIFIC PERFORMANCE OF CONTRACT

 

The humble plaint of the Plaintiff above named:

MOST RESPECTFULLY SHOWETH:

1. That the Defendant is the absolute owner and in possession of the residential property bearing Plot No. 25, Block C, Society name, city, measuring 200 square meters, hereinafter referred to as “the suit property.”
2. That on 15 March 2024, the Plaintiff and the Defendant entered into a written agreement to sell the aforesaid property for a total sale consideration of Rs. 60,00,000/- (Rupees Sixty Lakhs only).
3. That at the time of execution of the said agreement, the Plaintiff paid an amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the Defendant as earnest money, and the balance amount of Rs. 50,00,000/- was agreed to be paid at the time of execution of the registered sale deed.
4. That the Defendant undertook to execute and register the sale deed in favour of the Plaintiff on or before 15 July 2024, upon receiving the balance sale consideration.
5. That the Plaintiff has always been ready and willing to perform his part of the contract and tendered the balance consideration of Rs. 50,00,000/- within the agreed period, but the Defendant avoided execution of the sale deed on one pretext or another.
6. That on 5 August 2024, the Plaintiff again served a legal notice through his counsel calling upon the Defendant to execute the sale deed within seven days, but the Defendant failed to comply and instead threatened to sell the property to third parties.
7. That the Plaintiff always has been financially capable of paying the balance amount and remains ready and willing to perform his part of the contract even today.
8. That the cause of action first arose on 15 March 2024 when the agreement was executed, and continues to subsist to date, owing to the Defendant’s refusal to perform his contractual obligation.
9. That the suit property is situated within the territorial jurisdiction of this Hon’ble Court, and hence this Hon’ble Court has the jurisdiction to entertain and try the present suit.
10. That the value of this suit for jurisdiction and court fee is Rs. 60,00,000/-, being the total sale consideration mentioned in the agreement. The requisite court fee is affixed herewith as per law.

 

PRAYER

The Plaintiff, therefore, most respectfully prays that this Hon’ble Court may graciously be pleased to:

1. Pass a decree for specific performance of the Agreement to Sell dated 15 March 2024, directing the Defendant to execute and register a sale deed in favour of the Plaintiff in respect of the suit property described in the Schedule hereto, upon receipt of the balance sale consideration of Rs. 50,00,000/-;
2. Grant a decree of permanent injunction restraining the Defendant, his agents, or any other person claiming under him from selling, transferring, or creating any third-party interest in the suit property;
3. Award the costs of the suit to the Plaintiff; and
4. Pass such other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.

 

SCHEDULE OF PROPERTY

All that piece and parcel of land known as Plot No. 25, Block C, Society name, city, District, admeasuring 200 square meters, bounded as under:

• North: Plot No. 26
• South: Internal Road
• East: Plot No. 24
• West: Green Belt

 

VERIFICATION

I, XYZ, the Plaintiff above named, do hereby verify that the contents of paragraphs 1 to 10 of the plaint are true to my personal knowledge and belief, and that nothing material has been concealed therefrom.

Verified at the (city name) on this 11th day of November, 2025.

Signature of Plaintiff
(XYZ)

Through Counsel,
[Name of Advocate]
Enrolment No.: _______
Chamber No.: _______
District Court, CITY, STATE

 

WRITTEN STATEMENT

 

IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) AT [CITY NAME], DISTRICT [DISTRICT NAME], [STATE]

Civil Suit No. ____ of 2025

In the matter of:

Mr. XYZ
S/o ABC,
R/o House No. 45, [SOCIETY NAME],
[City], [State] – 201310
…Plaintiff

Versus

Mr. XYZ
S/o ABC,
R/o C-112, [SOCIETY NAME],
[City], [State] – 201308
…Defendant

 

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

 

The humble Written Statement of the Defendant above named:

MOST RESPECTFULLY SHOWETH:

1. That the contents of paragraph 1 of the plaint are admitted to the extent that the Defendant is the owner of the property described therein, but it is denied that the Plaintiff has any enforceable right to claim specific performance in respect of the same.
2. That paragraph 2 of the plaint is partly admitted and partly denied. It is admitted that an agreement to sell dated 15 March 2024 was executed between the parties, but the Plaintiff has failed to perform his obligations as stipulated in the agreement within the prescribed time.
3. That the Plaintiff did not tender or offer the balance sale consideration of Rs. 50,00,000/- within the stipulated period. The Plaintiff was repeatedly informed to complete the transaction before 15 July 2024, but he defaulted without any justifiable reason.
4. That the Defendant, being ready and willing to execute the sale deed upon timely payment, waited beyond the contractual period, but the Plaintiff neither paid the balance consideration nor showed genuine intent to complete the transaction.
5. That the legal notice dated 5 August 2024, referred to in paragraph 6 of the plaint, was an afterthought to cover up the Plaintiff’s own default. The agreement had already lapsed by that time due to non-performance by the Plaintiff.
6. That it was an express term of the agreement that “time shall be the essence of the contract.” Since the Plaintiff failed to perform his part within the prescribed period, he has no subsisting right to seek specific performance now.
7. That the Defendant has never refused to perform his obligations under the agreement; rather, it is the Plaintiff who has abused the process of law to harass the Defendant by filing this false and frivolous suit.
8. That the Plaintiff’s assertion of being “ready and willing” to perform the contract is false, vague, and unsubstantiated. The Plaintiff neither produced proof of financial capacity at the relevant time nor deposited the balance sale consideration with the Defendant or the Court.
9. That the Plaintiff has approached this Hon’ble Court with unclean hands, suppressing material facts and attempting to misuse the equitable jurisdiction under the Specific Relief Act, 1963.
10. That the suit is liable to be dismissed as the Plaintiff has failed to comply with the mandatory requirements under Sections 10 and 16(c) of the Specific Relief Act, 1963, which require proof of continuous readiness and willingness to perform the contract.
11. That the cause of action alleged by the Plaintiff is false, imaginary, and legally unsustainable, and therefore the present suit is not maintainable in law or on facts.
12. That the valuation and court fee mentioned in paragraph 10 of the plaint are not admitted and are incorrect, as no actual performance or transfer has taken place.

 

PRELIMINARY OBJECTIONS

1. That the Plaintiff has no cause of action against the Defendant.
2. That the Plaintiff’s suit is barred by the doctrine of laches and delay.
3. That the agreement to sell has become void and unenforceable due to non-performance within the stipulated time.
4. That the relief of specific performance being discretionary in nature, this Hon’ble Court is not bound to grant it merely because the agreement exists.

 

PRAYER

In view of the facts and circumstances stated above, the Defendant most respectfully prays that this Hon’ble Court may be pleased to:

1. Dismiss the suit for specific performance filed by the Plaintiff with costs;
2. Hold that the Plaintiff has failed to prove readiness and willingness to perform his part of the contract;
3. Grant any other relief that this Hon’ble Court may deem just and proper in the facts and circumstances of the case.

 

VERIFICATION

I, [Name of Defendant], the Defendant above named, do hereby verify that the contents of paragraphs 1 to 12 of the written statement are true and correct to my personal knowledge and belief. Nothing material has been concealed therefrom.

Verified at [City Name] on this 11th day of November, 2025.

Signature of Defendant
([Name of Defendant])

Through Counsel,
[Name of Advocate]
Enrolment No.: _______
Chamber No.: _______
District Court, [City], [State]