SUIT FOR SPECIFIC PERFORMANCE OF ORAL AGREEMENT
Name S/o, D/o Father Name , Resident of _____________________.
.
….Plaintiff
V E R S U S
Name S/o, D/o Father Name , Resident of _____________________.
1………………………
2……………………..
3………………………..
….Defendants
SUIT FOR SPECIFIC PERFORMANCE OF ORAL AGREEMENT DATED 23.05.2015 WITH PERMANENT INJUNCTION
Respectfully Sheweth:-
1.
That
the brief facts for the filing of the instant suit are that defendant No. 3 is
well known to the plaintiff for last many years, who approached the plaintiff
in the month of March / April 2015 and informed that defendant No. 1 is his
close friend and is buying the property from defendant No. 2 situated in
Gawadar and he instigate and motivated the plaintiff to invest his amount in
the said project and also said that the invested amount of the plaintiff will
be secured and also the plaintiff will earn a reasonable profit on the invested
amount. The plaintiff agreed with the proposal of defendant No.3 and said
to summon defendant No.1 so that all the matters should be discussed at
once with him.
2.
That
on 23.05.2015 the defendants No. 1 & 3 came to the house of the plaintiff
where the whole of the matter was discussed and defendant No.1 told the plaintiff
that he is purchasing the scheme known as West Bay Town Gawadar comprising of a
piece of land measuring 515-Acres situated in the revenue estate of Mouza Akra
Shamali and also showed the NOC bearing No. NOC-GDA-18/05/H-S/GDA and said if
the plaintiff invested his amount in the said project the plaintiff will be
entitled to get the due share to the extent of his investment in the said
project and in this regard and for the satisfaction of the plaintiff the
defendant No.1 contact defendant No.2 on the telephone and also informed
him about the investment of the plaintiff in the said project and plaintiff
also talked with defendant No.2 at the same time and defendant No. 2
also assured the plaintiff that he is selling his property to the defendant
No.1 and after getting the assurance the matter was decided orally between the
plaintiff and defendant No. 1 in presence of defendant No. 3 with the consent
of defendant No.2 and Rs.5,00,000/- was sent by the plaintiff online in the
account of defendant No.2 on 23.05.2015. Copy of the bank receipt is attached
herewith and at the same time the defendant No.1 received Rs.25,00,000/- in
cash from the plaintiff in presence of the defendant No. 3 and issued the
cheque of the same value in the name of the plaintiff bearing cheque No.29972467.
Copy of the cheque is attached and the plaintiff was assured by the defendants
that he is the co-sharer in the project and will get the due benefit to the extent of his investment.
3.
That
afterward, the defendants remained in contact with the plaintiff on several
occasions and agreement to sell was executed between the defendants No. 1 &
2 to the extent of scheme/land mentioned in the above said para and this the agreement was executed on 02.07.2015. A copy of the said agreement was shown
to the plaintiff by defendant No. 1 for his satisfaction and the defendant No.
2 approached the plaintiff on several occasions after the execution of an agreement
in favor of defendant No. 1 and requested the plaintiff to send the amount of
Rs.15,00,000/- in connection of above said deal and it was inquired by the plaintiff from defendant No. 1 and on the approval of defendant No. 1 the
plaintiff send the said amount on 23.09.2015 to defendant No. 2 in his
account through a bank. Copy of the bank record is attached herewith.
4.
That
afterward, the plaintiff time and again approached the defendants and requested
them to settle his share in the property mentioned above to the extent of his
invested amount @ original purchase price i.e. agreement between the defendants
No. 1 & 2 and the defendants always put off the matter on one or other
pretext and always assured that the plaintiff will get his due share in the shape of plots in the above-said scheme to the extent of his investment and on
their assurance plaintiff always keep mum and never agitate this matter before
any court of law.
5.
That
the plaintiff has been informed by defendant No. 1 just a week ago that the dispute has been arisen between him and defendant No. 2 and he has filed the suit in the court at Gawadar and further said that as soon as the case has come to an end, he undertakes to fulfill his promise made by him at the time of oral
agreement and receiving of the amount mentioned above.
6.
That
the plaintiff hold and inquiry on the information given by defendant No. 1 and
requested his friend at Gawadar to get the copy of the suit and then again
approached the defendants and requested them to perform their part of the agreement
agree by them at the time of oral agreement and the receiving of the amount in
cash as well as through bank transaction but the defendants could not satisfied
the claim of the plaintiff and tried to put off the matter on one or other
pretext and now the plaintiff has come to know that defendants are going to patch up the matter among themselves and are adamant to deprive the plaintiff
from his valuable rights over the suit property.
7.
That
the defendants are bound to perform their part of the agreement as settled between
the parties but despite repeated requests and reminders of the plaintiff the
defendants are adamant to accede to the lawful and genuine request of the
plaintiff, leaving the plaintiff with no other option but to knock on the doors of
this Honourable Court for the protection of his right and title.
8.
That
the cause of action accrued in favor of the plaintiff and against the
defendants firstly when the agreement to sell was executed between the parties
and plaintiff paid amounts to the defendants at different occasions and lastly
when the defendants flatly refused to accede to the lawful request of the
plaintiff and the cause of action are still recurring.
9.
That
the suit property is situated at Gawadar, therefore, this Honourable Court has
got jurisdiction to adjudicate upon the matter.
10. That the value of the suit for the purposes of court fee and jurisdiction is fixed for Rs.45,00,000/- and the requisite court fee will be affixed as and when ordered by this Honourable Court.
It is, therefore, respectfully
prayed that a decree for specific performance of the agreement to sell dated
23.05.2015 may kindly be passed in favor of the plaintiff and against the
defendants by directing defendants No. 1 & 2 to transfer the plots in
favor of plaintiff against the received amount of Rs.45,00,000/- @ original
price settled between defendants No. 1 & 2.
It is further prayed that a decree
of permanent injunction may kindly be passed in favor of the plaintiff against the
defendants thereby restraining the defendants from further alienating or transferring
the suit property to anyone else in any manner whatsoever.
Any other relief which this Honourable Court deems fit may kindly be awarded.
Plaintiff
through
.
Advocate
|
Plaintiff
IN
THE COURT OF SENIOR CIVIL JUDGE, City name.
In re:
Khalid Usman
VS
Naeem etc.
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC FOR THE GRANT OF TEMPORARY INJUNCTION.
Respectfully Sheweth:-
1.
That
the petitioner has filed the above-titled suit in this Honourable Court in
which no date of hearing has yet been fixed.
2.
That
the contents of the suit may kindly be read as an integral part of this
application.
3.
That
the petitioner has a good prima facie case in his favour and the same is likely
to succeed.
4.
That
the balance of convenience lies in favour of the petitioner and against the
respondents.
5. That if the interim relief as prayed for is not granted and the respondents are not restrained from illegal dispossession to the petitioner, the petitioner shall suffer irreparable loss and injury.
P R A
Y E R
Under the above circumstances, it is most respectfully prayed that during the pendency of the suit the respondents may kindly be restrained from further alienating or transferring the suit property to anyone else in any manner whatsoever.
Petitioner
through
Advocate High Court
IN
THE COURT OF SENIOR CIVIL JUDGE, City Name.
In re:
Khalid Usman
VS
Naeem etc.
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC FOR THE GRANT OF TEMPORARY INJUNCTION.
AFFIDAVIT OF Khalid Usman Son of Ch. Usman Resident of House No. 535, New Abadi, Lahore.
I the above-named deponent do hereby
solemnly affirm and declare as under:
That the contents of the accompanying application are true and correct to the best of my knowledge and belief and nothing have been concealed therein.
Deponent
VERIFICATION
Verified
on oath at Gawadar this 3rd day of October 2020 that the contents of
above affidavit are true and correct to the best of my knowledge and belief and
nothing has been concealed therein.
Deponent
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