Civil

Plaint for Specific Performance of Agreement to Sell

A plaint for specific performance is the originating process in a civil suit to compel a vendor to execute a sale deed and deliver possession of immovable property as agreed. It is the primary pleading that sets out the plaintiff's case, the facts constituting the agreement, and the breach by the defendant.

This plaint is filed before the Civil Judge (Senior Division) or District Judge, or the Commercial Court if the dispute qualifies under the Commercial Courts Act 2015. The suit rests on the Specific Relief Act 1963, as amended in 2018, which makes specific performance a mandatory remedy under Section 10, subject to the plaintiff proving continuous readiness and willingness under Section 16(c).

Draft this in LexPilot — freeHow AI drafting works
Governing law
Specific Relief Act 1963 (as amended 2018) ss.10, 14, 16 + Order VII CPC
Sections
s. SRA 10s. SRA 14s. SRA 16
Filed before
Civil Judge (Sr. Divn.) / District Judge / Commercial Court

When this is the right filing

  • When a vendor has failed or refused to execute a sale deed despite a valid written agreement to sell immovable property.
  • When the plaintiff has performed or has always been ready and willing to perform their part of the contract, including paying the balance consideration.
  • When the vendor has transferred or agreed to transfer the property to a third party, requiring the subsequent transferee to be impleaded as a defendant.
  • When the plaintiff also seeks permanent injunction to restrain the defendant from creating third-party rights or altering the property during the suit's pendency.
  • Do not use this plaint if the agreement is oral and unenforceable for want of a written instrument, or if the suit is solely for refund of earnest money without seeking specific performance.

What the court looks for

  • A clear and complete description of the suit property matching the agreement and title deeds, including survey numbers, boundaries, and registration district.
  • Specific facts demonstrating the plaintiff's financial capacity and continuous willingness to perform the contract from the date of agreement until the decree.
  • An explicit pleading of the date fixed for performance or the date the plaintiff had notice of the defendant's refusal, to establish the suit is within limitation.
  • A properly structured prayer clause seeking specific performance, possession, and permanent injunction, with court fee paid on the consideration amount.
  • A verifying affidavit as mandated by Order VI Rule 15 of the CPC, and a Statement of Truth if the suit is filed in a Commercial Court.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Grounds / submissions
  3. 3Prayer
  4. 4Schedule of property
  5. 5Verification
  6. 6Affidavit in support of the plaint
  7. 7Index / annexures
How it opens
1. That the Plaintiff and Defendant No. 1 entered into a written agreement to sell dated [agreement date], whereby Defendant No. 1, being the absolute and lawful owner in possession, agreed to sell to the Plaintiff the immovable property more fully described in the Schedule hereto (hereinafter "the suit property") for a total sale consideration of ₹[consideration] (Rupees [consideration in words]). A true copy of…

Bracketed items are filled from your case.

Frequently asked questions

Is it mandatory to plead readiness and willingness in a specific performance suit after the 2018 amendment?

Yes. Although the 2018 amendment to the Specific Relief Act made specific performance the rule under Section 10, Section 16(c) still requires the plaintiff to plead and prove continuous readiness and willingness to perform the contract. The plaint must disclose facts showing financial capacity and an unbroken intention to complete the sale, not merely a verbatim recital of the statutory language.

When should a subsequent purchaser be impleaded as Defendant No. 2?

A subsequent purchaser should be impleaded when the vendor has already sold or agreed to sell the suit property to a third party after entering into the agreement with the plaintiff. Under Section 19(b) of the Specific Relief Act, a transferee who takes the property with notice of the prior agreement holds it subject to the plaintiff's rights, making them a proper and necessary party to the suit.

What is the limitation period for filing a suit for specific performance?

The limitation period is three years under Article 54 of the Limitation Act 1963. If the agreement fixes a date for performance, the period runs from that date. If no date is fixed, the period runs from when the plaintiff had notice of the defendant's refusal to perform. The plaint must plead the specific trigger date to demonstrate the suit is within time.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More civil formats

All civil formats →