Drafting Civil Suits under the Specific Relief Act: Essential Formats for Movable & Immovable Property
| Document Title | Subject / Category | Party Roles | Primary Reliefs Claimed | Key Factual & Legal Elements |
|---|---|---|---|---|
| SUIT FOR SPECIFIC PERFORMANCE | Specific Performance of Immovable Property (General Form) | Plaintiff (Purchaser) vs. Defendant (Owner/Vendor) | Execution/transfer of property by sufficient instrument; compensation for withholding. | Written agreement, tender of purchase money, demand & refusal, readiness and willingness. |
| SUIT FOR SPECIFIC PERFORMANCE FOR PURCHASE OF LAND BY VENDEE FOR DAMAGES | Specific Performance for Land Purchase by Vendee / Damages | Plaintiff (Vendor) vs. Defendant (Vendee/Purchaser) | Mandatory injunction to pay balance purchase amount & execute sale deed; alternative damages with interest. | Agreement to purchase Bhumidhari land within 6 months, registered notice to attend Sub-Registrar’s office, failure of vendee to appear. |
| SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL | Specific Performance (Scheduled Caste Land requiring Statutory Approval) | Plaintiff (Purchaser) vs. Defendant (Vendor – Scheduled Caste) | Mandatory injunction directing defendant to obtain Collector permission and execute sale deed. | Registered agreement to sell, earnest money paid, possession delivered, statutory Collector permission requirement, registered notice. |
| SUIT FOR SPECIFIC PERFORMANCE OF PURCHASING LAND | Specific Performance of Land Sale (Vendor’s Enforcement) | Plaintiff (Vendor) vs. Defendant (Purchaser) | Mandatory injunction to pay purchase price & execute registered sale deed; interest & costs. | Agreement to sell 40 bighas land, tender of conveyance instrument, registered notice to appear at Sub-Registry, failure of purchaser to attend. |
| SUIT FOR SPECIFIC PERFORMANCE TO SELL GOODS AGREED TO BE SOLD | Specific Performance for Movable Property / Goods | Plaintiff (Buyer) vs. Defendant (Author/Seller) | Mandatory injunction to deliver manuscript; damages for delay in delivery. | Written agreement to sell rare/scarce manuscript, payment tendered via bank draft & returned, advertising expenses incurred, business loss. |
| SUIT FOR REINSTATEMENT BY SPECIFIC PERFORMANCE AND ARREARS OF BACK WAGES (OR SALARY) | Reinstatement, Commercial Shop Specific Performance, Permanent Injunction | Plaintiff (Employee / Purchaser / Tenant) vs. Defendant (Employer / Developer & Subsequent Purchaser / Landlord) | Reinstatement & back wages; vacant physical possession & sale deed execution; declaration of subsequent sale as void; permanent injunction against eviction. | Service contract wrongful discharge; commercial complex development & shop sale to 3rd party; tenant protection against muscle power & unlawful eviction; case law citations under Specific Relief Act. |
SUIT FOR SPECIFIC PERFORMANCE
IN THE COURT OF THE………………..
Suit No………………… of 19………………..
C. D……………………………………………………………. Plaintiff
versus
C. F…………………………………………………………. Defendant
The abovenamed plaintiff most respectfully submits as under: –
1. On the……………….. day of……………….. 19………………… the plaintiff and the defendant entered into an agreement, in writing, and the original document is hereto annexed. The defendant was absolutely entitled to the immovable property described in the agreement.
2. On the……………….. day of……………….. 19………………… the plaintiff tendered………………..
rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument.
3. On the……………….. day of……………….. 19………………… the plaintiff again demanded such transfer, (or the defendant refused to transfer the same to the plaintiff).
- The defendant has not executed any instrument of transfer.
- The plaintiff is still ready and willing to pay the purchase-money of the said property to the defendant.
- Cause of action arose on……………….. 19……………….. when the defendant refused to transfer the property to the plaintiff, and this Court has jurisdiction to try the suit.
- The suit is valued at Rs………………… the agreed consideration of the transfer aforesaid.
RELIEFS CLAIMED:
The plaintiff claims:
- that the defendant to transfer the said property to the plaintiff by a sufficient instrument (following the terms of the agreement);
- rupees compensation for withholding the same.
Plaintiff Through Advocate
VERIFICATION
I, abovenamed plaintiff, do hereby verify that the contents of paras ……………….. to………………..
of the plaint are true to my personal knowledge and those of paras……………….. and………………..
thereof are based on legal advice which I believe to be true.
Verified on this…………….. day of……………….. 19……………….. at………………..
Plaintiff
