Plaint for Specific Performance of Contract Format
Doemory: “The concrete performance of the contract consists in the fact that the contractual partner is the exact performance of the obligation he has assumed by his action or the omission of the very act to which he has committed himself or not.” Key facts of the case :(3) On 10 August 2008, the plaintiff agreed with the defendant to purchase property No. 123 in the Rani Bagh settlement in Delhi. A copy of the contract is attached to the petition. (4) The boundaries of the land are as follows: East: West Street: Plot number 124 North: South Street: Colony Wall(4) The total value of the land that the plaintiff must pay to the defendant, as agreed in the contract, is Rs. 40,000 /-. (5) The defendant accepted a payment of 10,000/- per cheque number. 123 of SBI, CP Branch at the time of entering into the contract and promised to register against payment of the balance of 30,000 / – (5) The plaintiff repeatedly tried to pay the remaining amount both in cash and by check, but the defendant refused to accept payment. (6) On 10.10.2009, the plaintiff also sent the defendant a corresponding notification. (7) The plaintiff is willing to pay the balance of Rs 30,000/-, but the defendant is not willing to transfer the said property. (5) The plaintiff made several attempts to pay the balance in cash and by cheque, but the defendant refused to accept the payment.
In the event that the appeal places the injured party in the situation it would have enjoyed if the contract had been fully performed, the court will instead make use of this option. The most common reason why the court would give someone some advantage is that the subject matter of the contract is different and unique compared to the fact that it is not just a matter of money or whether it is not clear how much damage was caused. By forcing each party to do what it originally agreed, justice is obtained instead of providing damages for a breach of contract. The format of the lawsuit for a particular performance of the contract is a specific service that is before the court to request a remedy instead of money.3 min read (5) The defendant accepted a payment of 10,000 / – although check No. 123 from SBI, CP Branch at the time of entering into the contract and promised to register against payment of the remaining amount of 30,000 / – In these circumstances, the breach of contract cannot be enforced. These are like under; Flowers wanted to play in the Sugar Bowl, so the Giants kept his contract a secret and kept the college, the other team, and the general football public in the dark. One of the terms of the contract was that Flowers` contract would not be filed until after the Sugar Bowl. The Relief Act 1877 clearly specifies in section 12 the cases in which a party may claim performance of the contract. As already mentioned, this is a discretionary right, but at the same time, the court always assumes that the breach of contract for real estate cannot be compensated in the form of money. Although this is a rebuttable presumption, the party must establish its case while standing on its own soil. The cases are as follows: In certain circumstances, a party may bring a lawsuit for a particular service, e.B. a court order ordering the defendant to keep the promise he made.
The courts will only apply certain services if the contract was fair and equitable from the outset. Certain services may be permitted in certain situations, including the following: Subsequent performance of a particular service is claimed by the party when it enters into a contract with another party to fulfill an obligation. later, a party violates the contract and refuses performance. Here, the party concerned has the right to apply to a competent court and ask a court to specifically perform the contract as previously agreed by the parties. (4) The total value of the land that the plaintiff must pay to the defendant, as agreed in the contract, is Rs. 40,000 /-. (6) On 10.10.2009, the plaintiff also sent the defendant a corresponding notification. (7) The plaintiff is willing to pay the balance of Rs 30,000/-, but the defendant is not willing to transfer the said property. .
- Posted by adriel
- On March 22, 2022
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