This is the main law dealing with suits for specific performance of contracts.
| Section | Title | Key Provisions |
|---|---|---|
| Section 12 | Specific performance of part of contract | Courts may grant partial specific performance under certain conditions. |
| Section 21 | Contracts which cannot be specifically enforced | Lists contracts that are not enforceable, e.g., involving personal skill, uncertain terms, etc. |
| Section 22 | Discretion of court as to specific performance | Even if the contract is valid, the court may refuse specific performance based on equity, fairness, or hardship. |
| Section 24 | Personal bars to relief | Sets out circumstances when the plaintiff is barred from obtaining specific performance (e.g., not ready and willing). |
| Section 27 | Who may obtain specific performance | States who can sue for specific performance — e.g., parties to the contract, legal representatives, etc. |
Suit for Specific Performance Draft & Format, along with Stay Application & Affidavit
IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
Civil Suit No.____________________/202_
__________________ S/O __________________ R/O House No.__, _____________________________________, Lahore.
…. Plaintiff
__________________ S/O __________________ R/O House No.__, _____________________________________, Lahore.
…. Defendant
SUIT FOR SPECIFIC PERFORMANCE WITH PERMANENT INJUNCTION
Respectfully Sheweth,
That the brief facts rise to file instant suit are that the defendant is owner of a land measuring 10-Marlas bearing Khewat No.__, Khatooni No.__ situated at __________, Tehsil ______, District ______ (hereinafter called suit Property). Copy of Fard Malkiat is attached as Annexure-A for the kind perusal of this Honorable Court.
That on 0-1-20__, the plaintiff purchased the above-mentioned suit property for a consideration of 50,00,000/-, and paid an amount of Rs. 10,00,000/- as earnest money/token money to the defendant in the presence of marginal witnesses. In this regard, the parties entered into an agreement dated 0-1-20__. A copy of the agreement/token receipt is attached herewith as Annexure-B.
That at the time of execution of the agreement, it was mutually agreed between the parties that the plaintiff would pay the remaining amount of 40,00,000/- thereafter, upon which the defendant would execute the sale deed of the above-mentioned suit property in favor of the plaintiff and also hand over possession of the property.
That on 0-1-20__, the plaintiff approached the defendant to perform his part of the agreement and requested the execution of the sale deed and transfer of possession, whereupon the defendant requested an extension of five days to fulfill his obligations
That on 0.20__ the plaintiff along with respectable of the locality again contacted with the defendant and asked him to perform his part of agreement but the defendant flatly refused to perform his part of agreement and it was also transpired that the defendant intended to sell the property to another party, hence the present suit.
That the cause of action arose firstly on 0-0-20__ when the parties entered into the agreement regarding the suit property and the defendant received 10,00,000/- as earnest money; secondly, when the plaintiff requested possession and transfer of the suit property and the defendant agreed to perform their part after five days; and lastly, on 0-0-20__, when the plaintiff, accompanied by respected members of the locality, again requested performance of the agreement but the defendant refused to comply, and such refusal is continuing.
That both parties are residents of Lahore and the suit property is situated in Lahore; therefore, this Honorable Court has jurisdiction to adjudicate upon the matter.
That the value of the suit has been fixed at _______/-, and the ad-valorem court fee of Rs. 15,000/- will be affixed to the plaint later on by the order of this Honorable Court.
P R A Y E R.
Under the circumstances, it is most respectfully prayed that this Honorable Court may kindly decree the suit in favor of the plaintiff and against the defendant by directing the defendant to specifically perform his part of the agreement. In the event that the defendant fails to comply with the decree, it is further prayed that the same be executed by adopting the due process of law.
It is also prayed that a decree for permanent injunction may be granted in favor of the plaintiff and against the defendant, restraining the defendant permanently from selling, alienating, transferring, mortgaging, or otherwise disposing of the suit property, or altering its nature in any manner. Further, the defendant be restrained from illegally or unlawfully handing over possession of the suit property to any third party until the final determination of this suit.
Moreover, it is prayed that the status quo be maintained in favor of the plaintiff during the pendency of the suit.
Any other relief which this Honorable Court deems fit and proper may also be awarded to the plaintiff.
……. Plaintiff
Through
__________
_Dated 0-01-20__ Advocate High Court
IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
Civil Suit No.____________________/20__.
Muhammad ______ …. Petitioner
V E R S U S
_________ …. Respondent
(SUIT FOR SPECIFIC PERFORMANCE WITH PERMANENT INJUNCTION.)
PETITION UNDER ORDER 39, RULE 1&2 READ WITH SECTION 151 C.P.C. FOR GRANT OF INTERIM INJUNTION
Respectfully sheweth:-
That the petitioner has filed the titled suit in this Honorable Court in which no date of hearing is fixed so far.
That the contents of the accompanying suit may very kindly be read as integral part of this petition.
That the petitioner has got good prima-facie and arguable case in his favour and there is every likelihood of its success.
That balance of convenience also leans towards the petitioner.
That if the interim relief as prayed for is not granted the petitioner shall suffer irreparable loss and injury.
P R A Y E R
It is therefore most respectfully prayed that an order of permanent injunction may kindly be passed in favor of the present petitioner and against the respondent, restraining the respondent permanently from selling, alienating, transferring, mortgaging, or otherwise disposing of the suit property, or altering its nature, and from handing over possession of the suit property to any third party in any manner whatsoever, until the final disposal of this instant application.
It is further prayed that ad-interim status quo may also be ordered to be maintained until the final decision of this application.
……. Petitioner
Through
Dated 0-01-20__ Advocate High Court
IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
Civil Suit No.____________________/20__
_________ …. Petitioner
V E R S U S
_________ …. Respondent
(SUIT FOR SPECIFIC PERFORMANCE WITH PERMANENT INJUNCTION.)
PETITION UNDER ORDER 39, RULE 1&2 READ WITH SECTION 151 C.P.C. FOR GRANT OF INTERIM INJUNTION
Affidavit of Muhammad _______ s/o Mohammad ______ r/o House No.__, Street No.___, Mohallah____, Lahore Cantt, 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 material has been concealed therein.
Deponent
Verification: –
Verified on oath at Lahore this __th day of January 20__ that the contents of my above affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed therein.
Deponent
(PLJ 2008 SC 137)
Facts: The plaintiff filed a suit for specific performance based on an agreement. There was a question about whether the defendant had performed their part and whether remaining obligations had become impossible.
Holding: The Supreme Court held that specific performance is a discretionary relief and must be granted only when equities favour the plaintiff. The discretion must not be exercised arbitrarily.
