SUIT FOR SPECIFIC PERFORMANCE TO SELL GOODS AGREED TO BE SOLD
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. That the defendant agreed on……………….. 19……………….. through a written agreement, to sell his manuscript written by him on……………….. for Rs. ……………….. (……………….. ) on tendering the said amount by the plaintiff through a bank draft.
2. That the plaintiff sent a Bank draft of Rs………………… drawn on ……………….. Bank……………….. to the defendant with instructions to send the manuscript by registered post, under registered cover, which was received by the defendant on……………….. 19………………..
3. That the defendant has not sent the manuscript as promised but has returned the bank draft sent by the plaintiff to him.
4. That the manuscript abovementioned is a scarce article, and the plaintiff has already spent Rs………………… on its advertisement before publication and has received……………….. orders with advance money paid therefor, and if the manuscript is not delivered to the plaintiff the plaintiff would suffer a loss of Rs………………… in business besides the loss of the rare article aforesaid.
5. That cause of action arose on……………….. 19……………….. when the plaintiff received back his bank draft aforesaid and the manuscript of the book was not sent to him by the defendant, and this Court has jurisdiction to decide the matter.
6. That the suit is valued at Rs………………… the price of the manuscript and court-fee is paid according to the reliefs claimed.
RELIEF CLAIMED:
The plaintiff claims the following reliefs: —
(1) a mandatory injunction to the defendant may be issued to deliver the
manuscript on the aforesaid subject to the plaintiff; for the consideration aforesaid to be received.
(2) payment of Rs………………… as damages for the undue delay being caused in the delivery of the manuscript aforesaid.
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
Plaintiff’s suit for specific performance should not have been dismissed by Courts below on ground of want of title but in the facts of the case plaintiff can be compensated only by a decree of compensation in lieu of specific performance.1
Executing Court has power to direct delivery of possession of property to decree holder even if decree for specific performance of contract is silent on that point.2
If reading of plaint and conduct of the plaintiff leads to an inference that he was ready and willing to perform his part of contract then Court can take into consideration of such conduct with regard to readiness and willingness on part of plaintiff.3
The plea as to ready and willing to perform his part of the contract is not available to a subsequent purchaser.4
1. V. Muthusami v. Angammal, 2002 (1) CCC 227 (SC).
2. Mohd. Yakub s/o Mohd. Ishaq v. Abdul Rauf s/o Abdul Kareem, 2002 (2) CCC 216 (M. P.).
3. V. Udaya Kumar v. L. Navaneethammal, 2002 (2) CCC 173 (Mad. ).
4. Baldev Singh v. Chhota Singh, AIR 2002 P&H 47.