You are on page 1of 3



Bhaguram s/o Tularam 15, G.S. Marg, Bikaner, Rajasthan VS. Ram Gopal Verma s/o Gopal Kanth Verma 590, Mirchi Seth Road, Bikaner, Rajasthan ..Respondent ..Plaintiff

Suit for Specific Performance of contract for Sale and for Permanent Injunction of the Suit Property

The plaintiff respectfully states as follows:1. Plaintiff is a farmer working in Gatucha, Bikaner, Rajasthan. Plaintiff desires to acquire additional land for agriculture in other parts of Bikaner. 2. Respondent is the owner of the Suit Property, Chak No. 3, Square No. 112/63, Tehsil Pungal, District Bikaner, Rajasthan. A copy of the original title deed is annexed with this petition as Annexure I. 3. The boundaries of the Suit Property are as under: North: National Highway 56 East: Agricultural Land West: Agricultural Land South: Agricultural Land A copy of the Suit Property Land Map is annexed as Annexure IA.

4. The parties negotiated through emails and letters dated 3rd March, 2013; 27th March, 2013; 4th April 2013; and 7th April 2013. The negotiations informally laid out the foundations of the offer to purchase the Suit Property and the acceptance to sell the same at the agreed price. Copies of these emails and letters are annexed as Annexure II. (Colly.) 5. An agreement was reached between the Plaintiff and the Respondent with regard to the sale of the Suit Property for the consideration of Rs.7,56,00,000 on 7th April, 2013. 6. Payment for the first installment for the sum of Rs.5,00,000 was made by the Plaintiff towards the purchase of the Suit Property on 12th April, 2013. The payment was effected through a Union Bank of India A/c Payee cheque. Copies of the bank receipt and cheque are annexed as Annexure III. (Colly.) 7. Possession of the Suit Property was duly handed over to the Plaintiff as per terms of the agreement. On 6th June, 2013 the Respondent agreed to receive a sum of Rs.1,00,00,000 towards the second installment from the Plaintiff within a period of 30 days. The Respondent agreed to thereafter execute the sale deed in favor of the Plaintiff. 8. On 30th June, 2013, the Plaintiff effected payment of Rs.1,00,000 towards the second installment through another Union Bank of India A/c Payee cheque. Copies of the bank receipt and cheque are annexed as Annexure IV. (Colly.) On 30th June, 2013, the Respondent executed a Sale Agreement and a power of attorney in favor of the Plaintiff. Copies of the Sale Agreement and Power of Attorney are annexed as Annexure V and VI respectively). 9. As per the Sale Agreement the last date for execution of the Sale Deed was 25th July, 2013. The Sale Deed was not executed in favor of the Plaintiff within the prescribed date. 10. The Plaintiff enquired about the status of the execution of the Sale Deed by means of a letter to the Respondent dated 27th July, 2013. No reply to the letter was has yet been received. A copy of the letter is annexed as Annexure VII. 11. Further enquiries were made between 27th July, 2013 and 14th August, 2013. Copies of the emails and letters between 27th July, 2013 and 14th August, 2013 are annexed as Annexure VIII. (Colly.) 12. The Plaintiff served the Respondent with a Legal Notice on 17th August, 2013, seeking response within 30 days. There was no reply to the Legal Notice. A copy of this Legal Notice is annexed as Annexure IX. 13. That as per the Sale Agreement dated 6th June, 2013 the consideration amounts for the first and second installment were duly effected by the Plaintiff.

14. That the Cause of Action for the present suit arose on 30th June, 2013 upon the Respondent executing a Sale Agreement and Power of Attorney in favor of the Plaintiff. 15. That both the Plaintiff and Respondent being residents of Bikaner and the Suit Property being situate in Bikaner, this suit lies within the territorial jurisdiction of this court. 16. For the purposes of court fees and pecuniary jurisdiction, this suit is valued at Rs.27, 000 and lies within the jurisdiction of this court. 17. WHEREFORE, in the above facts and circumstances of the case, the Plaintiffs most respectfully pray that, this Honble Court may be pleased to pass a Judgement and Decree against the Respondent herein for the following relief/s: i. ii. That the Respondent execute the Sale Deed in favor of the Plaintiff. A permanent injunction be ordered in respect of the Suit Property.

Place: Bikaner Date: 19.09.2013

COUNSEL FOR THE PLAINTIFF Advocate Baidurya Chatterjee.

VERIFICATION I, Bhaguram, do hereby verify that the contents from paras 1 to 13 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein; and paras 14 to 17 are based on professional legal advice which I believe to be correct. Affirmed at Kolkata on this 20th Day of September, 2013. (Signature of Plaintiff) Harsh Jain