SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION. CERTIFICATE:-

IN THE COURT OF SENIOR CIVIL JUDGE ISLAMABAD.

Mr.  _____ S/o _____, R/o ______, Islamabad.

                                                                                          …….. PLAINTIFF

                                                    VERSUS
Mst. _______ W/o. ______ R/o ________, Islamabad.

                                                                                                               …… DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.

CERTIFICATE:-

(a).   That no subject matter or material in issue in the instant suit has directly or substantially been in issue in former suit between the same parties or between the parties under whom they or any of them claim litigating under the same title before a court of competent jurisdiction.

(b).   Further the subject matter or material in issue never came up before the Honorable High Court or the Supreme Court.

RESPECTFULLY SHEWETH: –

1. That the plaintiff entered into an agreement to sell dated ________, for purchase of the House _______, Islamabad (hereinafter called suit house) with the defendant. It is pertinent to mention here that the said agreement had been executed with consent of the defendant. (Copy of sale agreement dated _______is enclosed herewith as annexure “A”.)

2. That the total sale consideration of Rs. _______/- was fixed between the plaintiff and defendant. That the plaintiff transferred Rs. ________/- in the bank account No. ________ of the defendant’s son and _____Marla plot situated at ________ through registry in lieu of Rs. ______/- and also Rs______/- cash at the time of executing of agreement to sell, as earnest money and it was settled between the plaintiff and defendant, as per the agreement that the remaining consideration of Rs. ______/- will be paid at the time of transfer of suit house (Copy of the Bank deposit slip is enclosed herewith as Annexure “B”).

3. That it is pertinent to mention here that the defendant failed to transfer the suite house in the name of plaintiff owing to involvement in litigation with her brother-in-Law.

4. That after some time the defendant demanded that if the plaintiff pay the remaining consideration amount of Rs. _______/- subsequently the defendant will pay the said amount to her brother-in-Law for reconciliation/settlement and then the defendant will transfer the suit house within one month.

5. That on ______ plaintiff paid the remaining consideration amount of Rs. _______/- to the defendant subject to the defendant will transfer the suit house within one month from the date of payment of remaining consideration i.e. _______ and in case of failure to transfer the suit house within stipulated period the defendant will bound to pay double amount of the total sale consideration i.e. Rs. _______/-

6. That as per the agreement to sell, the defendant is bound to transfer the suit house in the name of the plaintiff on or before _______.

7. That once again the defendant remained failed to transfer the suit house in the name of the plaintiff within stipulated period.

8. That now the plaintiff is entitled to claim the double amount of the total sale consideration i.e. Rs. ________/-from the defendant as per the agreement to sell.

9. That the Plaintiff was shocked and astonished, when it came into the knowledge of the plaintiff that the defendant is going to sell/transfer the suit house to someone else, whereas they have no right to do so.

10. That the Plaintiff had already paid total sale consideration which was fixed between the plaintiff and defendant and the defendant received the same in presence of the witnesses mentioned in the agreement to sell,

11. That the defendant with malafide intention, in order to grab the amount which already have been received from the plaintiff, is going to sell the suit house to some other person because the price of the suit house has been sky rocketed.

12. That the Plaintiff has performed his part of agreement and whereas the defendant is avoiding to perform her part of agreement by transferring the suit house in the name of plaintiff.

13. That the Plaintiff has repeatedly requested the defendant to perform her part of agreement by transferring the suit house in name of the plaintiff, but the defendant is avoiding performing her part of agreement.

14. That the plaintiff has time and again contacted with the defendant and requested her to transfer the suit house in name of the plaintiff on the basis of above said agreement, but she never paid any heed to the request of the plaintiff, Hence, this suit.

15. That the cause of action accrued to the plaintiff firstly when the agreement to sell was executed between the plaintiff and defendant and secondly when the defendant remained failed to transfer the suit house in the name of the plaintiff within stipulated period and finally a day before when the defendant has flatly refused to transfer the suit house in favor of plaintiff and is still continue.

15. That the valuation of the suit for the purpose of court fee and jurisdiction is fixed at Rs. ________/- and the Plaintiff has applied for the court fee and the proper court fee will be affixed with the plaint when available.

15. That the suit house is situated in Islamabad hence this Honorable Court has jurisdiction to adjudicate upon the matter.

PRAYER:-

It is, therefore, respectfully prayed that a decree for the specific performance of Sale Agreement dated ______may kindly be passed in the favour of the plaintiff and against the defendant, with cost, in the best interest of justice and fair administration of law.

It is further prayed that a decree for permanent injunction restraining the defendant from interfering, alienating, selling, constructing, transferring the suit house to anyone else except the Plaintiff or changing the nature of the suit house in any manner whatsoever or from taking any action which is ineffective upon the rights and interests of the plaintiff, may also be passed in favor of the plaintiff and against the defendant, in the best interest of justice and fair administration of law.

Any other relief, which this honorable court may deem fit and proper, may also be awarded to the plaintiff.

                                                                                                     PLAINTIFF

                     THROUGH

Advocate

VERIFICATION

It is verified on Oath at Islamabad on _____day of November 2016 that the contents of the plaint from Para No. 1 to 16 are true and correct to the best of my knowledge and belief and rest of the paras are correct and nothing has been concealed or withheld.

       …Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD.

Mr._______  Vs.  Mst. _____

SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.

APPLICATION UNDER ORDER 39 RULE 1 & 2

READ WITH SECTION 151

RESPECTFULLY SHEWETH:-

1. That the petitioner has filed the above captioned suit before this Honourable Court, the contents of which may kindly be read as integral part of this application.

2. That the petitioner has brought a good prima facie case and there is likely hood to succeed it.

3. That balance of convenience lies in favour of the petitioner.

4. That if the application for grant of interim injunction is not accepted, the petitioner will suffer an irreparable loss.

          It is, therefore, respectfully prayed that ad-interim order restraining the respondent from interfering, alienating, selling, constructing, transferring the suit house to anyone else except the petitioner or changing the nature of the suit house in any manner whatsoever or from taking any action which is ineffective upon the rights and interests of the petitioner may kindly be passed in favor of the petitioner and against the respondent, till the final disposal of the instant case.

                                                                                                     PETITIONER

                                                                   THROUGH

                                                                                                        COUNSEL

IN THE COURT OF SENIOR CIVIL JUDGE ISLAMABAD.

Mr. _____  Vs.    Mst. _____

SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.

APPLICATION UNDER ORDER 39 RULE 1 & 2

READ WITH SECTION 151

AFFIDAVIT

I, ______ S/o ______, R/o ______, Islamabad, do hereby solemnly affirm and declare as under:

1. That the contents of the accompanying petition are correct and true to the best of my knowledge and belief and nothing has been concealed there from.

2. That the contents of the above affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there from.

            DEPONENT