1. On the.................... day of.................... 19.................... the plaintiff and the defendant mutually agreed that the plaintiff should serve the defendant as (an accountant, or in the capacity of foreman, or as the case may be), and that the defendant should employ the plaintiff-as such for term of one year and pay him for his service,.................... rupees (monthly).

2. On the.................... day of.................... 19..................... the plaintiff entered upon the service of the defendant in such services and has ever since been, and still is, ready and willing to continue in such services during the remainder of the said year whereof the defendant always has had notice.

3. On.................... day of.................... 19..................... the defendant wrongfully discharged the plaintiff and refused to permit him to serve as aforesaid, or to pay him for his services.

4. The cause of action arose within the jurisdiction of this Court when the defendant discharged the plaintiff on.................... 19.................... without payment of his back wages earned and due.

5. The valuation of the suit for the purposes of jurisdiction is.................... rupees, and for the purposes of court fee on the relief of injunction is.................... rupees, and Court fees is paid on both reliefs.

6. The balance of convenience is in favour of the plaintiff employee, and it is expedient that the plaintiff be reinstated in service of the defendant and his back wages and wages pendente lite be ordered to be paid to the plaintiff

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

CASE LAW

Where a suit for specific performance coupled with prayer for possession filed against a person who was not a party to the contract that is, stranger the suit would not be maintainable as specific performance could not be claimed against such person.1

The court can go behind the plaint to find out the real nature of the relief claimed by the plaintiff and the liability to pay the court fee cannot be avoided by any device of disguising the real relief.2

Section 16(c) of the Specific Relief Act makes it obligatory for the plaintiff to aver in the plaint and also to prove that he has performed or has always been needy to perform the essential terms of the contract which are to be performed by him.3

DECREE FOR SPECIFIC PERFORMANCE.

In a decree for specific performance grant of extension of time for deposit of consideration amount by court is not automatic or perfunctory & discretion is to be exercised when decree-holder has made out a sufficient cause.4

SUIT FOR SPECIFIC PERFORMANCE (S. 10)

Suit for specific performance of contract by way of registration of sale deed is maintainable not-with-standing alternative remedy under section 77 of Registration Act to obtain registration of executed document.5

PERSONAL BARS TO RELIEF (SECTION 16 OF SPECIFIC RELIEF ACT)

Specific performance may not be granted to plaintiff who fails to appear and to prove readiness and willingness to perform his part of agreement.6

SUIT FOR SPECIFIC PERFORMANCE

Under Section 19(b) of Specific Relief Act, onus is on subsequent purchaser to prove that he was bona fide purchaser without notice of original contract.7

IN THE COURT OF....................

Civil Suit No.................... of 200

In the Matter of: -

XYZ & ABC.................................................... Plaintiff

versus

CDF & BCD................................................. Defendant

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT TO SELL IMMOVABLE PROPERTY INCLUDING TRANSFER OF ACTUAL VACANT PHYSICAL POSSESSION THEREOF IN FAVOUR OF PLAINTIFFS AND FOR COMPENSATION IN ADDITION THERETO AND FOR DECLARATION.

Most Respectfully Showeth:

1. That the defendant No. 1 is a company having its registered office at................................... developing and constructing residential and commercial complex known as..........................................

2. That the property in question in this suit is the shop No................................ situated at........................................ measuring approximately................................. having been developed/constructed by defendant No. 1 and the said shop is facing the Main Road and the same is shown in.............................. in site plan annexed herewith.

3. (State facts chronologically)

4. That the cause of action arose to the plaintiff against defendant No. 1 on............................ The cause of action arose to the plaintiffs against both defendants on............................................................. The cause of action is continuing to arise from day to day and arises even on the date of this suit in favour of the plaintiffs and against the defendants.

5. That the shop in question in this suit is situated at.......................... within the local limits of the jurisdiction of this Hon’ble Court and the cause of action for the present suit has arisen within the jurisdiction of this Hon’ble Court and the defendant No. 1 has its site office also at................................... within the jurisdiction of this Hon’ble Court. This Hon’ble Court has the jurisdiction to try and decide the present suit.

6. That for the purposes of the court fee and jurisdiction the relief of specific performance of the contract for sale of the shop in question including actual vacant physical possession thereof is valued at Rs.............................................. on which ad-valoram court fee of Rs.................................. is affixed.

PRAYER

The plaintiffs, therefore, most humbly and respectfully pray before this Hon’ble Court as follows: -

(i) This Hon’ble Court may kindly be pleased in the interest of justice, to pass the decree/order directing both the defendants specifically to perform the whole of the contract mentioned in details in para..................... of this plaint, and to do and execute all acts, things and deeds which are necessary to put the plaintiffs in full vacant physical possession of the shop agreed to be sold to the plaintiffs, viz....................................................................... ................................................. and to deliver the vacant physical possession of the said shop to the plaintiffs, and to execute and get Registered the sale-deed in respect of the said shop in favour of the plaintiffs (directing the defendant No. 2 to join the defendant No. 1 in the execution and registration of the sale-deed/conveyance so as to pass on the title which resides in the defendant No. 2 to the plaintiffs), and to complete in all respects, the sale and delivery of the vacant physical possession of the said shop in favour of the plaintiffs.

(ii) This Hon’ble Court may kindly be pleased in the interest of justice, to pass the Decree of Declaration declaring that the subsequent sale and transfer of possession of the shop in question............................................................ by the defendant No. 1 in favour of the defendant No. 2 are not binding upon the plaintiffs and are invalid so far as the plaintiffs are concerned, and further declaring that none of the receipts, letters, documents, deeds, sale-deeds etc. whatsoever, issued/written/executed registered (including the sale-deed executed/registered on...................... in favour of the defendant No. 2 in respect of the shop in question.................................................... is not at all binding upon the plaintiffs and all the said receipts, letters, documents, deeds, sale-deeds (including the sale-deed) executed/registered on................................. are invalid in so far as the plaintiffs are concerned.

(iii) The plaintiffs also pray that in addition to the grant of the decree of specific performance of the contract including physical possession as prayed in the prayer clause (i) above, this Hon’ble Court may also kindly be pleased in the interest of satisfying the justice of this case, to award the additional compensation of Rs................................ (Rupees........................................................ only) as detailed in para ..................... above in favour of the plaintiffs against the defendant No. 1.

(iv) The plaintiffs also pray that the additional compensation at rate of Rs.................. (Rupees............................................... only) per month as detailed in para No......................... above be also awarded in favour of the plaintiffs against the defendant No. 1 for the period of pendency of the suit.

(v) The plaintiffs also pray that in the case their main claim for the main relief of specific performance including physical possession is refused, in that event this Hon’ble Court may kindly be pleased in the interest of justice to decree their alternative claim in favour of the plaintiffs and against the defendant No. 1, for the amount of Rs................... (Rupees.................................................................. only) together with the amount of interest thereupon at the rate of........... percent per annum for the period of pendency of the suit, reserving at the same time, the right of the plaintiffs to avail of all the legal remedies against the order of the refusal of their main relief of specific performance including physical possession.

(vi) This Hon’ble Court may also kindly be pleased in the interest of justice, to order both the defendants to pay the costs of the suit to the plaintiffs.

(vii) Any other relief which may be deemed fit and proper in the facts and circumstances of this case may also kindly be awarded in favour of the plaintiffs against the defendants by this Hon’ble Court in the interest of justice.

(Plaintiff No. 1)

Place:

Date:

(Plaintiff No. 2)

Through

Advocate

VERIFICATION

Verified at............................ on this............................ day of............................ that the factual contents of the above plaint from para No............................ to para No.......................... are true and correct to my knowledge, and the contents of para Nos............... to................ and all other legal contents of the plaint are true and correct to the information received and believed by me to be true and correct and the last para No................... contains the humble prayer before this Hon’ble Court.

Plaintiff.

SUIT FOR PERMANENT INJUNCTION

In the Court of............................

Suit No. l......................... of 200

In the Matter of: -

AB..................................................................... Plaintiff

versus

CD................................................................. Defendant

SUIT FOR PERMANENT INJUNCTION

Respectfully Showeth:

1. That the plaintiff has been residing at House No............................. ............................ as a tenant for the last about nine years with his mother, wife and children.

2. That upto the year............................ the plaintiff had been living in a Tinshed constructed by him in the premises of House No.............................

3. That the plaintiff in............................ constructed thereon pucca room and kitchen at his own cost. Some of the receipts available pertaining to the material purchased by the plaintiff for construction of a room and kitchen are annexed hereto and collectively marked as Annexure-A-1.

4. That the plaintiff is a poor person and bread earner for three minor children apart from his wife and mother and for earning his livelihood is running a small Dhabba outside the said house.

5. That the plaintiff had been paying Rs............................. per month as rent

regularly to Defendant No. 1 in cash. However, no receipt is being issued by defendant No. 1 towards payment of the said rent.

6. That defendant Nos. 2 and 3 the sons of defendant No. 1 have been giving threats to the plaintiff either to vacate the premises or face dire consequences.

7. That on............................ Defendant No. 1 alongwith his associates entered the room of plaintiff using filthy and abusive language and started beating the plaintiff.

8. That the plaintiff reported the matter to the Incharge Police Station, ............................ and lodged FIR on............................. However no protection was afforded to the plaintiff by the police.

9. That the plaintiff is a law abiding citizen and has rehabilitated himself in the petty business at his own, whereas the defendant Nos. 2 and 3 are influential people who believe in taking the law in their own hands and also believe on using muscle power.

10. That defendants are bent upon grabbing the room and kitchen by forcible eviction of the plaintiff and his family through use of their might and money.

11. That the acts of the defendants are unlawful, arbitrary, unwarranted and against all cannons of justice and they are liable to be restrained by passing a decree of permanent injunction under Section 30 of the Specific Relief Act which remedy is only efficacious in the circumstances of the case.

12. That the cause of action first accrued to the plaintiff against the defendants in the........................................................ entered the room of the plaintiff using abusive language and started beating him. The cause of action again arose on ............................ in favour of the plaintiff when the defendants 2 and 3 with their muscelmen locked the plaintiffs residence from outside. The cause of action for filing the present suit is still subsisting and will continue to subsist in favour of the plaintiff till the defendants are ‘restrained by a decree of this Hon’ble Court as prayed.

13. That the parties reside in Delhi and the suit property is also situated in Delhi, this Hon’ble Court therefore has jurisdiction to entertain and try the suit.

14. That the value of the suit for purposes of jurisdiction and court fee is assessed at Rs. 130/- for which the requisite court fee for the relief of permanent injunction has been affixed/paid on the plaint.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to grant a decree of permanent injunction in favour of plaintiff and against the defendants permanently restraining the defendant Nos. 1 to 3, their agents, servants, relatives etc. interfering with the peaceful possession, occupation, enjoyment and use of the premises House No......................................................... by the plaintiff without following the process of law.

(3) Such other relief which this Hon’ble Court may in the circumstances of the case, be pleased to grant may also be granted.

Plaintiff

Through Advocate

VERIFICATION

Verified at............................ on this the............................ day of ............................ that the contents of paras No............................. of the plaint are true to my knowledge and belief, whereas, those of paras No............................. are believed to be true on legal advice received through the counsel. Last para is prayer to this Hon’ble Court.

Plaintiff.

1. Mohd Hanif v. Mariam Begum, 1986 (2) C. C. C. 635: A. l. R. 1986 Bom. 15.

2. Robust Tyre and Rubber Co. (P) Ltd. v. State Bank of India, 1988 (1) C. C. C. 44.

3. In re: Nagarapu Kanakaiah, 1988 (1) C. C. C. 767.

4. Ramesh v. John K. Joseph, 1996 (2) C. C. C. 394 (Ker. ).

5. Kalavakurd Venkata Subbaiah v. Bala Gurappagavi Guruvi Reddy, AIR 1999 SC 2958.

6. Ram Awadh v. Achhaibar Dubey, AIR 2000 SC 860.

7. T. Poppan v. Karia Gounder, 2001 (4) CCC 13 (Cal. ).

SUIT FOR REINSTATEMENT BY SPECIFIC PERFORMANCE AND ARREARS OF BACK WAGES (OR SALARY)

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