Draft of Suit for Specific Performance

IN THE COURT OF SENIOR CIVIL JUDGE, KARACHI

Syed Noor Ali son of Syed Amir Rasool, caste by Syed, R/O House No.532, Street No.5, Gulshan Colony, Karachi.

……… Plaintiff.

Versus

Tariq Mahmood son of Mahmood Ali, caste by Jutt, R/O Samanabad, Karachi.

......Defendant

SUIT FOT THE POSSESSION OF HOUSE NO.48, GULSHAN 

COLONY, KARACHI, THROUGHSPECIFIC PERORMANCE 

OF THE AGREEMENT, DATED 12 AUGUST, 2014.

The above-named plaintiff states as follow:

1. That by an agreement, dated 12 August 2014, duly executed and singed by the defendant, he contracted to sell to the plaintiff his immoveable property, viz, House No.48, Gulshan Colony, Karachi, with all accessories and appurtenances for Rs.12,750.00. The boundaries of the houses are as follows:

North-----House of Abid Noor son of Abdullah

South-----Govt Primary School.

East-------House of Naveed Ahmad.

West-----Open plot belonging to Ch. Waqas Jutt

2. That the plaintiff requested the defendant to specifically perform the agreement on his part, to accept the sum of Rs.12,750,00 and to execute the conveyance of sale in plaintiff’s favor, but the defendant has not done so, and a week ago refused to convey the house to plaintiff.

3. That the plaintiff has been and is still ready and willing specifically to perform the agreement on his part of which the defendant has had notice.

4. That the cause of action arose against the defendant on 12^thAugust 2014, the date by which the defendant had stipulated to execute and sign a conveyance of sale in favor of the plaintiff.

5. That the agreement was signed at Karachi and the property to question is also situate in Karachi, the Civil Court at Karachi has, therefore, jurisdiction to try the suit.

6. That the value of the subject-matter of the suit for the purposes of Court-fee and jurisdiction is Rs. 12,755.00.

                            It is, therefore, respectfully prayed that a decree for possession 

                            through specific performance of House No.48, Gulshan Colony, 

                            Karachi, be passed in favor of the plaintiff against defendant 

                            And the defendant be ordered to perform the agreement                 

                            specially And do all such acts as may be necessary to put the 

                            plaintiff in full Possession of the did property and to pay the                 

                            costs of suit.

                            Dated: 4th January 2015.

                                                                                                          Syed Noor Ali

                                                                                                               Through

                                                                                                Hafeez ul Rahman Advocate.

Verification

Verified at Karachi, this 4^th day of January, 2015, that the contents of plaint are true to the best of my knowledge and beliefs.  

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