Regular Civil Suit No.006/2002

MRS. MEGHNA BOSE,
W/o of MR. KIRAN BOSE,
Major, married, in business,
Resident of A-2 ‘Nido’
Panaji- Goa. ........................................Plaintiff

V/S

MR. RAJ ARYAN,
S/o of MR. NARAYAN ARYAN,
Major, unmarried, in service,
Resident of 2-3, Panaji, Goa. ...............Defendant

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

The plaintiff above named states and submits as under:
1) The registered address of the plaintiff for all future communications as required under Order 6 Rule 14 A of CPC is the same as is mentioned in the cause title.

2) The plaintiff and the defendant entered into an agreement to sell dated
17/1/2000, whereby the defendant agreed to sell to the plaintiff, his property is known as ‘MOLAR’ situated at St.Cruz Panaji- Goa. Hereinafter referred to as the suit property. Hereto annexed and marked ‘Exhibit A’ is the copy of the said agreement to sell.

3) The defendant agreed to sell the suit property to the plaintiff for the total consideration of Rs. 1, 00,000 and a part of this consideration .i.e. Rs. 50,000 was paid as earnest deposit to the defendant at the time of signing the Agreement. The receipt of which the defendant has acknowledged in the Agreement itself.

4) The balance amount of Rs. 50,000/- was required to be paid in 2 equal installments – on 17th February 2000, the 1st installment of Rs. 25,000/- and on 17th August 2000, the 2nd installment of Rs. 25,000/- after which the defendant was required to convey the suit property to the Plaintiff.

5) On 17th February 2000, the Plaintiff approached the Defendant and paid him a sum of Rs. 25,000/- towards the discharge of partial liability. The said amount was acknowledged by the defendant by a receipt signed and issued by him dated 17th February 2000. Hereto annexed and marked ‘Exhibit B’ is the copy of the said receipt.

6) As agreed in the Agreement, the Plaintiff in the month of August, approached the Defendant requesting him to accept the 2nd installment of Rs. 25,000, and to transfer, convey to the plaintiff, the suit property the defendant avoided and refused to receive the final installment and thereby postponed the conveyance on whimsical grounds.

7) The plaintiff apprehended that the defendant has got a higher offer in consideration of the suit property and this was the reason for the refusal to perform his part of the contract. Thereby the Plaintiff approached his Advocate and through him addressed a Registered AD notice to the Defendant dated 25th August, calling upon the defendant to accept the balance amount and to convey the suit property. Hereto annexed and marked ‘Exhibit C’ colly is the copy of the said notice along with Postal A.D. Card. Though the defendant duly received the said notice, he failed and neglected to convey the suit property to the plaintiff by accepting the last installment.


8) The plaintiff states that he was and is still willing to perform his part of the contract by paying the balance amount of Rs. 25,000, and convey, assign and transfer the suit property to the plaintiff.

9) The plaintiff further submits that in the alternative, he is entitled to a judgment and decree from the Hon’ble Court to pay to the plaintiff a sum of Rs. 75,000/- and compensation equivalent to double the amount received by him, as agreed to in clause 5 of the Agreement under ‘Exhibit A’.

10) The plaintiff values the suit for Rs. 1, 50,000/- for the purpose of jurisdiction and court fees.

11) The cause of action for the present suit arose as Panaji when the Defendant failed to comply with the terms of the notice under ‘Exhibit C’. The plaintiff and defendant have been residing at Panaji and the suit property is situated at St.Cruz, Panaji- Goa. Thus the cause of action has arisen within the territorial limits of this Court. Therefore the Hon’ble Court has jurisdiction to try and entertain the suit.

12) The plaintiff therefore prays:
a) for a judgment and decree directing the defendant to accept the balance consideration for the suit property and to transfer the possession of the suit property to the plaintiff by a sufficient instrument.
b) in the alternative, for a judgment and decree directing the defendant to pay to the plaintiff a sum of Rs. 1, 50,000/- as compensation.
c) pending the hearing and final disposal of the suit for an interim order restraining the defendant from transferring the dealing or disposing the suit property in whatever manner.
d) for costs.

PLACE: Panaji- Goa.
DATE: 3rd April 2001

Sd/-
PLAINT DRAWN BY PLAINTIFF
Sd/-[ADV.FOR PLAINTIFF]

VERIFICATION

I, MRS. MEGHNA BOSE, the plaintiff above named state and submits on oath that the contents of paragraphs 1 to 8 are true to my personal knowledge and the contents of paragraphs 9 to 12 are made on legal advice and I believe the same to be true.
Solemnly affirmed at Panaji- Goa on this 3rd day of April 2001.

Sd/-
PLAINTIFF