Suit for Specific Performance Format with Alternative Refund and Compensation Prayer

IN THE COURT OF ______________________________

C.S. No. __________ of 20___

IN THE MATTER OF:

ABC & ANR. ...PLAINTIFFS

VERSUS

XYZ & ORS. ...DEFENDANTS

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL IN RESPECT OF COMMERCIAL UNIT ADMEASURING ______ SQ. FT., WITH CONSEQUENTIAL / ALTERNATIVE RELIEFS

MOST RESPECTFULLY SHOWETH:

1. Plaintiff No. 1 is ____________________, residing at ____________________. Plaintiff No. 2 is ____________________, residing at ____________________. Where the suit is instituted through an authorised representative, the authority is derived from the Special Power of Attorney dated __________, a copy of which is filed with the plaint.
2. Defendant No. 1 is a company/entity having its registered office at ______________________________.
3. Defendant No. 2 is the authorised signatory/officer of Defendant No. 1 and executed or signed the Agreement to Sell dated __________ and/or the Memorandum of Understanding dated __________ on behalf of Defendant No. 1.
4. Defendant No. 3 is ____________________ and is impleaded because ______________________________.
5. In or about __________, Defendant No. 1 offered for sale commercial units in the project known as "____________________", representing that the project/unit would be completed and possession delivered within __________ months / by __________.
6. Relying on the said representations and contractual terms, the Plaintiffs applied to purchase Commercial Unit No. __________, admeasuring approximately __________ sq. ft., under Customer/Application Code __________, for a total consideration of Rs. __________ (Rupees ____________________ only).
7. The Defendants issued an allotment letter dated __________ confirming allotment of Unit No. __________ for the stated consideration. A copy of the allotment letter and payment schedule is annexed as Annexure P-1.
8. The Defendants demanded sums aggregating to Rs. __________. The Plaintiffs paid Rs. __________ on various dates in accordance with the agreed payment schedule. Copies of the relevant receipts/payment proofs are annexed collectively as Annexure P-2 (Colly.).
9. The parties executed an Agreement to Sell dated __________. A copy is annexed as Annexure P-3.
10. Under Clause __________ of the Agreement to Sell, possession / completion was agreed to be delivered by __________ or within __________ months from __________.
11. The parties also executed a Memorandum of Understanding dated __________, if applicable. A copy is annexed as Annexure P-4.
12. Under Clause __________ of the Memorandum of Understanding, the Defendants agreed to ______________________________, subject to the contractual terms and conditions.
13. The agreed date / period for performance expired on __________. Despite the Plaintiffs having performed the obligations required of them, the Defendants failed to execute the conveyance / complete the project / deliver possession in accordance with the contract.
14. The Plaintiffs state that they have performed, and have at all material times been ready and willing to perform, the essential terms of the contract required to be performed by them, including payment of the balance consideration against due performance by the Defendants, where applicable.
15. The Plaintiffs made repeated requests on __________, __________ and __________ calling upon the Defendants to complete the transaction, execute and register the conveyance, and/or deliver possession, but the Defendants failed to do so.
16. The Plaintiffs caused a legal notice dated __________ to be served upon the Defendants demanding due performance and, without prejudice, appropriate refund/compensation in the event of failure to perform. A copy of the notice and proof of service are annexed as Annexure P-5.
17. A further notice/communication dated __________ was sent and served on the Defendants, but the contractual default was not cured. The relevant documents are annexed as Annexure P-6.
18. The conduct of the Defendants has caused financial loss and prejudice to the Plaintiffs. The Plaintiffs reserve and claim such compensation/damages as are legally recoverable and specifically pleaded herein.
19. The suit is within limitation. The material dates for the purpose of limitation are: the date fixed for performance, namely __________; and/or the date on which refusal/non-performance became known to the Plaintiffs, namely __________.
20. The cause of action first arose on __________ when ____________________; it further arose on __________ when the Agreement to Sell / MoU was executed; on __________ when performance became due; on __________ when the Defendants failed/refused to perform; and on __________ when the legal notice was served. The cause of action continues / further arose on the subsequent material dates stated above, insofar as legally permissible.
21. This Hon'ble Court has territorial jurisdiction because ______________________________. The suit property is situated at ____________________; the contract was executed/performed wholly or partly within this jurisdiction; and/or the Defendant resides/carries on business within this jurisdiction, as applicable to the facts and law.
22. For the purposes of pecuniary jurisdiction and court fee, the suit is valued at Rs. __________ for the relief of specific performance and at Rs. __________ for the monetary / consequential relief(s), or at such valuation as is required under the applicable Court Fees Act / State amendment and Suits Valuation law. Appropriate court fee of Rs. __________ is affixed.
23. The Plaintiffs have not obtained substituted performance in a manner that bars the present claim for specific performance under the Specific Relief Act, 1963. If substituted performance is relevant on the facts, the pleading shall be modified accordingly.

PRAYER

In the above facts and circumstances, the Plaintiffs respectfully pray that this Hon'ble Court may be pleased to:

1. pass a decree for specific performance of the Agreement to Sell dated __________ in favour of the Plaintiffs and against the Defendants, directing the Defendants to execute and register the necessary sale/conveyance deed in respect of the suit property and to do all acts necessary to complete the transaction;
2. where legally and factually maintainable, direct delivery of possession of the suit property and grant such consequential relief as has been specifically pleaded;
3. in addition to or, where appropriate, in substitution for specific performance, award compensation/damages of Rs. __________, or such amount as may be determined in accordance with law;
4. if specific performance is declined or cannot be granted, direct refund/recovery of Rs. __________ paid by the Plaintiffs, together with interest at the rate of ____% per annum from __________ until realisation, subject to the contract and applicable law; and
5. award costs of the suit and grant any other or further relief that this Hon'ble Court considers just and proper in the facts and circumstances.

PLAINTIFFS

Through
____________________
Advocate(s) for the Plaintiffs

Place: __________
Date: __________

VERIFICATION

I/We, ____________________, the Plaintiff(s) above named / authorised representative, do hereby verify that the contents of paragraphs ______ to ______ are true to my/our knowledge, paragraphs ______ to ______ are based on records/information believed to be true, and the legal submissions and prayer are based on legal advice received and believed to be correct.

Verified at __________ on this ____ day of __________, 20___.

PLAINTIFF(S)

LIST OF DOCUMENTS

PLAINTIFFS
Through Counsel