SAMPLE DRAFT OF A PLAINT (For specific performance)


CIVIL SUIT NO.____/2018







R/O M-20, LAXMI NAGAR NEW DELHI 110092…………………………………………………………………………PLAINTIFF






R/O W/10, PREET VIHAR, NEW DELHI-110092………………………………………………………………………RESPONDENT





  1. That the Plaintiff herein is a peaceful and respectful citizen and resident of M-20, Laxmi Nagar, New Delhi and was looking to purchase a property in and around Preet Vihar, New Delhi.
  2. That the Plaintiff came in contact with the Defendant, who claimed to be the owner of Property X of measuring 1800 sq. Metres situated in Patparganj Area near Preet Vihar hereinafter referred as ‘Suit Property’ which is shown in the site plan attached and annexed as ANNEXURE A.
  3. That the Plaintiff and Defendant entered into an agreement with each other vide agreement to Sell and Purchase/Bayana Agreement on 30.03.2018 with respect of the above mentioned property. The Plaintiff agreed to purchase and the Defendant agreed to sell the property in question for a total sale consideration amount Rs.50,00,000/- (Rupees fifty lacs only). A true copy of agreement to sell and purchase/Bayana agreement dated 30.03.2018 is annexed hereto and marked as ANNEXURE B.
  4. That as per the terms settled between the parties, the Plaintiff paid an amount of Rs. 5,00,00/- (Rupees five lakh only) to the defendant through RTGS from AXIS bank as earnest money/ bayana vide receipt dated 30.03.2018 duly executed by the defendant. A true copy of the receipt of Bank statement dated 30.03.2018 is duly executed by the Plaintiff is annexed hereto and marked as ANNEXURE C.
  5. That it was agreed and settled between the parties to the agreement that the plaintiff will pay the balance amount of Rs. 45,00,00/- (Rupees forty five lacs only) to the defendant on or before 31.05.2018.
  6. That the defendant was under an obligation to handover all the original as well as the photocopies of the documents pertaining to the above said Suit property as per Clause 2 of the said agreement to sell and purchase entered into between the parties, which is reproduced herein below:

“ that after receiving the earnest amount of Rs 5,00,00/- (Rupees five lakh only) the first party shall hand over the peaceful vacant physical possession along with all related original documents of the said property to the Second party, against which the second party is supposed to take financial assistance in way loan from the Bank to complete the remaining balance amount of Rs. 45,00,00/- (Rupees forty five lacs only)”

  1. That since the defendant had shown only the photocopy of the papers/documents related to the property in question to the plaintiff at the time of entering into the agreement to Sell and Purchase/ Bayana Agreement dated 30.03.2018 and the plaintiff needed the original documents for taking loan from the bank to pay the above mentioned balance amount so, the Plaintiff sent a legal notice dated 10.04.2018 thereby requesting and calling upon the defendant to show and handover all the original documents in respect of the aforesaid property so that the Plaintiff can produce the same to the bank to pass the loan amount. The true copy of legal notice dated 10.04.2018 sent by the plaintiff to the defendant us annexed hereto and marked as ANNEXURE D.
  2. That the Defendant with malafide intentions deliberately neither replied to the said notice nor complied with the request made by the plaintiff to show the original documents pertaining to the said property. Rather the defendant started hiding himself from the plaintiff thereafter and also avoided the plaintiff by not responding to his phone calls as well as his attempts to see him in person.
  3. That the Plaintiff has put all his efforts to convince the defendant to show and handover the original documents pertaining to the suit property against which the Plaintiff can take loan from the bank the pay the balance payment of Rs. 45,00,00/- (Rupees forty five lacs only) and then execute the Sell and Purchase/Bayana agreement on date 31.05.2018.
  4. That the plaintiff was ever ready to perform his part of agreement and ready to make the entire payment as agreed with the defendant but the defendant was never ready to produce the said documents for his malafide and dishonest intentions and willing to grab the hard earned money of the plaintiff paid as earnest amount in the said agreement.
  5. That the intentions of the defendant were absolutely dishonest since the beginning which the plaintiff could not foresee and became the victim in the hands of the defendant.
  6. That the plaintiff is entitled to get the sale deed executed on performance of his part in the Agreement of Sale and Purchase entered into between the parties on 30.03.2018 for which the plaintiff is ready even today subject to the performance of defendant’s part.
  7. That the plaintiff has no other efficacious remedy available with him except to file the present suit.
  8. That the cause of action in favour of the Plaintiff and against the defendant first arose on 30.03.2018 when the Plaintiff and Defendant entered into an agreement of Sell and Purchase and the Plaintiff transferred the earnest amount of Rs.5,00,00/- (Rupees five lakh only) through RTGS to the defendant’s Bank account. It further arose when the plaintiff sent a legal notice dated 10.04.2018 thereby requesting and calling upon the defendant to show all the original title documents of the suit property. Cause of action also arose on all such dates when the plaintiff approached the defendant with a request to produce the original title documents of the property for the purpose of Bank verification subject to which the plaintiff will receive the balance amount of Rs.45,00,000/- (Rupees Forty-Five Lakh only) and to execute the sale deed in favor of plaintiff as agreed in the terms of agreement. That the cause of action is still subsisting and continuing.
  9. That the Defendant and the Plaintiff have their place of residence within the local limits of jurisdiction of this Hon’ble Court. That the cause of action(s) for filing the present suit has also arisen within the local limits of jurisdiction of this Hon’ble Court. That the amount claimed also lies within the pecuniary limits of jurisdiction of this Hon’ble Court. Therefore, this Hon’ble Court has all the jurisdiction to adjudicate the present suit.
  10. That the suit is filed within the period of limitation. Thus, not barred by the limitation law.
  11. That the plaintiff values the present suit for the purpose of court fees and jurisdiction at Rs. 50,00,000/- (Rupees Fifty Lakh only) i.e. the consideration amount of the property agreed between the parties in the Agreement to Sell and Purchase dated 30.03.2018 which lies under the pecuniary Jurisdiction of this Hon’ble Court. The proper ad valorem court fee of Rs. 51,144/- (Rupees Fifty-One Thousand One Hundred Forty-Four only) has been affixed.


In the aforesaid facts and circumstances, it is, therefore, respectfully prayed that the Hon’ble Court that a decree be passed in the favour of plaintiff and against the defendant;

  1. For specific performance of the Agreement of Sell and Purchase/ Bayana agreement on 30.03.2018 thereby directing the defendant to execute the Sale deed regarding the said property in favour of plaintiff or his/her/their nominee(s) and also handover the peaceful and vacant possession alongwith all related original documents of the said property subject to which the Plaintiff can pay the balance amount of Rs. 45,00,00 (Rupees Forty-Five Lakh only).
  2. Direct the Defendant to show and handover all the original documents in relation to the suit property to the Plaintiff.
  3. For permanent injunction restraining the defendant, her agents, employees and representatives from sellig, alienating, leasing out the suit proptery to any third party ot otherwise parting with possession of the same or creating any third party interest in any manner whatsoever in the suit property bearing no.XXX.
  4. Money decree to the tune of Rs. 10,00,00 (rupees ten lakh only) in favour of the plaintiff against the defendant as per terms of the default clause 5 of the agreement to sell and purchase/bayana agreement dated 30.03.2018 as an alternative relief.
  5. And Award Pleader’s fee and cost of suit in favour of the plaintiff and against the defendant.
  6. Hon’ble Court may also pass such further order(s) considers just, fit, proper and expedient in the facts and circumstances of the case.










PLACE: New Delhi                                                                                    ADVOCATE

DATED: 03.06.2018




The Plaintiff, above named, do hereby verify that the contents of the paragraphs 1 to 12 of the above plaint are true to my knowledge while those of paragraphs 13 to 17 are based on legal advice received from my Counsel and believed to be true. Last Paragraph is the prayer to this Hon’ble Court.


Verified at Delhi on 3rd  day of June of 2018.








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