case. Specific performance allowed the plaintiff in a case the right to take ownership over the property at the center of the dispute. EXHIBIT 4:1 Sample Complaint . sarin advocate - HOW TO DRAFT A PLAINT - Google Search 23. 6. 11. Legal Notice Format: Filed by Vendor for payment of immovable property. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. sample draft of specific performance of contract If you are unsure about your New Jersey Complaint for Rescission, Specific Performance, Damages sample, contact a legal professional to analyze it before you send or file it. Suit for injunction v. Suneja had purchased, in an auction from Delhi Development Authority (DDA), the suit property measuring 115.2 sq Complaint for Specific Performance to Enforce Settlement ... Suit for cancellation of documents is a remedy provided in specific relief act 1877. This civil remedy is invoked when the aggrieved party apprehends that his property is transferred without following due course of law. Defence to Suit for Specific Performance. rules governing civil law suits . May 3, 2018. The three year period is intended to assist purchasers . Specific performance of contract based on Ratio Decidendi (1) 'Ready and willing to perform' and 'Conduct of a plaintiff' in a suit for Specific Performance. Cases in which specific performance of contract enforceable. 13. Be aware, however, that specific performance is a rare remedy, especially from a seller. Suit for rescission ii. Specific performance was therefore established so as to guarantee a party the remedy of the right to possession of the land. Form of complaint for specific performance of contract to convey land IN THE COURT OF COUNTY DATE- 01-06-2020 . | C.G. Seller's Use of Specific Performance The remedy of specific performance is also available to sellers in many cases. Suit for injunction. 48. 1. 9.2.1998, that the suit was hit by the bar contained in Order II Rule 2 of CPC because the plaintiff did not obtain leave to file second suit for specific performance while filing the first suit for grant of permanent injunction against the defendants in relation to the suit house. 5. i) suit may kindly be decreed in favour of the plaintiff directing the defendant to exeucte the regd., sale deed in his name by taking the balance amount of Rs.''' ii) If the court comes to the conclusion that specific performance cannot be granted then defendant may kindly be directed to pay the earnest money with an interest. 7. The Plaintiff above-named begs to submit as under: 1. SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL DATED 30.05.2016, AND PERMANENT INJUNCTION. Limitation Act (1963), Article 54, Specific performance, date not fixed for performance, effect of, Specific Performance/suit for Injunction, specific performance, bar when applies. Legal Notice Format: Vacating the property given on the lease (Tenant Eviction) Legal Notice Format: Filed by Purchaser for specific performance of Contract. Form 12 - Complaint for Specific Performance of Contract to Convey Land. PDF. That the value of the subject-matter of the suit for the purposes of Court-fee and jurisdiction is Rs. 10 Types of Legal Notices. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. What You Should Expect If You Represent Yourself . That titled civil suit is pending for adjudication before this Learned Court for today i.e. Section 10 of the Specific Relief Act, 1963 , states " Cases in which specific performance of contract enforceable. The larger property includes the suit land. Suit For Specific Performance of Contract- Practical Problems Specific performance is a remedy developed by principle of equity. Suit for specific performance iv. Sample 2. failed to file a lis pendens. Specific Performance. On September 30, 2003, Krzynowek sold the property to the third party for $895,000. Public Water Supply Dist. the Petitioner to file a application for interview with the Station Commander but all in vain. Suit downloadable in MS Word Format. But 8 Specific Performance in Texas Real Estate Transactions. Bar of suit for compensation for breach after dismissal of suit for specific performance. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Name and details of the Parties 3. 18. That the Plaintiff‟s suit for permanent injunction is also barred by Section 41 (i) of the . App. The format of suit for specific performance of a contract is a particular performance where it goes to court to seek a remedy instead of money. 43. v. Fowlkes, 407 S.W.2d 642, 647 (Mo. Also Read: Frequently Asked Questions On Property Registration. vi. That the plaintiff/respondent has filed titled civil suit for Specific Performance on the grounds that property No. 3. The most common reason courts grant specific performance is that the subject of the contract is unique and adequate just relief requires more than a transfer of money and/ or where the true amount of damages is unclear. 42. yards covered by the sale deed dated 25th May, 1984, but entitled to relief of specific performance in respect of the remaining 200 sq. W hen instrument may be rectified. HOW TO DRAFT A PLAINT. On the other hand, if the buyer refuses to agree for cancellation of a registered agreement, you can file a suit for specific performance to make the balance payment. Specific Performance: Overview. A suit for specific performance of contract often relates to the buying and selling of real estate. 9-11-112 (2010) 9-11-112. The parties hereto agree that irreparable damage would occur in the event any provision of this Agreement was not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity. The prescribed period of limitation for a suit of specific performance is three years from the date fixed for performance, or, if no such date is fixed, when the plaintiff has noticed that performance has been refused. Suits for specific performance. Suit for Rescission The breach of contract no doubt discharges the contract, but the aggrieved party may sometimes need to approach the court to grant him a formal rescission, i.e. Prior to a trial . Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. -The Supreme Court's view in Kamal Kumar v. Premlata Joshi & Ors. The performance appraisal form contains an open-ended questionnaire where employees must give elaborate answers to questions related to their career development and a rating scale where they must rate specific performance traits. 12,755.00. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract. Here, too, the same set of rules apply. That the plaintiff was married with the defendant abovenamed on 5 th March, 1978 in Multan, Punjab in accordance with Islamic Shariat (Hanafi) law for consideration of strict sharia dower amount. On or about December 1, 1952, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A. 3. expanding specific performance may raise questions concerning the availability of jury trials because suits for specific performance may be regarded as actions in equity. Others apply only to specific types of cases. The Supreme Court has observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. The defendant did not enter into the agreement. Essential features for the Format of Legal Notice. 140 of 2003 and the purported sale deed pursuant thereto merely has . The remedy of specific performance is . How to File a Complaint in the Superior Court of New Jersey Law Division - Civil Part . Breach of contract happens when one or both parties of a specific contract . For this to happen, a defendant has to go through with a particular action they promised to do instead of only paying money for not keeping up their end of the promise. 24. Interpleader suits. Two weeks later, Schachter filed suit for breach of contract and specific performance. Civil Law. It's also means fulfilling promise made by one party with another. 27 11. The case proceeded to summary judgment based upon a selection of remedies clause. Learned Single . When someone files a suit for specific performance, the party who did not breach the contract, or the plaintiff, asks the court to order the party in breach, the defendant, to perform their end of the contract. (hereafter "the suit property"; it is the subject matter of both suits). When a court grants specific performance, the defendant is required to do whatever is promised. When rescission may be adjudged or . "42. When money isn't adequate to compensate a plaintiff for his loss, the plaintiff may seek specific performance. Sufficient court fee needs to be paid to file the suit. v. Fowlkes, 407 S.W.2d 642, 647 (Mo. 7. Accordingly, the parties were heard on 05.10.2006. 10. Civil Judge (Preliminary) Examination Solve. Beware real property owners: The mere filing of a suit for specific performance (regardless of its ultimate success or the merits) can potentially tie up your property for several years, with or without the existence of a lis pendens. Specific performance of part of contract. SUIT FOR RECOVERY OF MAINTENANCE AND DOWERY ARTICLES. Important points. Format of Suit for Cancellation of Documents With Permanent Injunction. Specific performance is an order by a court that a contract be fully performed according to its terms. Respectfully Sheweth:-1. Plaint seeking Specific Performance Suit - Read online for free. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Value of suits governed by rules made under Section 9, Suits Valuation Act—Section 8 of the Suits Valuation Act gives the general rule as stated above, but when the value of a suit for purposes of jurisdiction and Court-fees is determined by rules under Section 9 (ibid), the value as determined by the rules must be accepted. On that day, by the impugned judgment, the suit was dismissed. A person whose case is based on falsehood has no right to approach the Court. The limitation to file such suit is three years from the date of obstruction caused by the defendant to the plaintiff. . Article 54 of the Limitation Act deals with the limitation of suit for specific performance. However, there is also something called specific performance which is an equitable remedy in some breach of contract matters. Specific performance is a remedy sought in civil court instead of money and is often used in contracts for the sale of land but can apply in other circumstances. Start without hassles! of the suit for specific performance and not sent for specific performance. was not the agent of the defendant (if alleged by plaintiff). As amended through November 18, 2021. See Restatement (Second) of Contracts § 357, cmt. Specific Performance suit - Art.54 of Limitation Act - Or.VII, rule 11 of CPC - possession of the property does not make any difference - original cause of action became available to the plaintiffs on 2.12.1973, the date fixed for the performance of the contract -extended till 1.2.1977 as requested by the defendants- The sons of the second defendant filed a… It is virtually impossible to obtain title insurance necessary to convey title while an action for specific performance is pending. cancellation, of . Some of the forms, such as the form for a generic complaint, apply to different types of cases. Liquidation of damages not a bar to specific performance. Sample 3. 47. Cases in which specific performance of contracts connected with trusts enforceable. To seek specific performance from a seller, you should file a . 1. Civil Judge (Preliminary) Examination Solve. 27. bearing Civil Appeal No. Be careful to change the information the form asks for to fit the facts and circumstances of your case. 2. Download. A party seeking the remedy of specific performance must prove and plead 1) compliance . Suits not otherwise provided for. Important Judgments that Transformed India: For UPSC Civil Services Examinationhttps://amzn.to/2MeBIkhM.P. While you have the right to represent yourself in . Defences respecting suits for relief based on contract. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. 44. The Latin maxim Ubi jus, ibi remedium denotes "where there is a right, there is a remedy". yards of the suit land. Name of the court 2. It's a discretionary relief, so party cannot claim this right a matter of right. Public Water Supply Dist. The defendant did not-- -- (alleged acts of part performance). The facts in the specific performance suit are that Asman, is a registered company under the Indian Companies Act. Microsoft Word - SUIT FOR SPECIFIC PERFORMANCE-final-sample.docx Specific performance means fulfilling a promise made under a contract as agreed. a (1981) ("Specific performance is the fulfillment of the performance due in the contract as nearly as practicable, by the party in breach."). § 9-11-112 - Form of complaint for specific performance of contract to convey land O.C.G.A. The Appellant herein in terms of the decree passed in his favour in OS No. 3. The fact that limitation is three years does not mean a purchaser can wait for 1 or 2 years to file a suit and obtain specific performance. SPECIFIC PERFORMANCE OF CONTRACTS 9. 1 The Hon'ble Supreme Court of India ("Supreme Court"), vide its judgment in the matter of Kamal Kumar v.Premlata Joshi & Ors. Insofar as performance contracts are concerned, however, the threat of contempt of court was sometimes used to enforce a party's ownership . Download PDF Suits relating to public matters. suit for specific performance of agreement dated 03-06-2007, declaration, possession along with permanent and mandatory injunction as well as consequential relief in respect of land measuring 9 kanal 11 marlas situated in village keet, post office mustafa abad, tehsil cantt. 2 is wrongfully claiming interest in the suit land as more particularly set out hereinafter. 1966); accord, Green, Inc. v. Judge relied upon a decision of the Supreme Court reported as P. D'Souza v. So, in case of breach of contract, the aggrieved party would have one or more, remedies against the guilty party. Be careful to use the form that fits your case and the type of pleading you want to file. Save the file by choosing the preferred format (.docx or .pdf) Now, submit the document online or print it. It is stated, in the third column of Article 54 of the Limitation Act,1963, that the suit for specific performance had to be filed within three year from the date stipulated in the contract or from the date of refusal to perform the contract. This basic principle of law must be in mind while drafting or preparing a plaint."It is well settled position of law that the whole object of pleading is to give fair . 1. Third party proceedings. As a matter of fact, if the suit was actually one for specific performance, the petitioner ought to have at least valued the suit on the basis of the sale consideration mentioned in the agreement. Hence, I do not find any merit in the contentions of the revision petitioner. Important Judgments that Transformed India: For UPSC Civil Services Examinationhttps://amzn.to/2MeBIkhM.P. The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. From the buyer's perspective. 4.) ____. i) suit may kindly be decreed in favour of the plaintiff directing the defendant to exeucte the regd., sale deed in his name by taking the balance amount of Rs.''' ii) If the court comes to the conclusion that specific performance cannot be granted then defendant may kindly be directed to pay the earnest money with an interest. Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract. However, some states allow the seller of real property to file a lawsuit against the buyer for specific performance. 367/34, k-6, Phase-VI, DHA was purchased by the plaintiff/respondent from the applicant/Defendant No. Suit for permanent injunction was based on a threat given to dispossess, cause of action for specific per-formance of agreement was based on non performance of . As per Order VI (Pleading) and Order VII (Plaint) CPC, Every plaint must contain the following things: 1. However, in some circumstances you can sue for "specific performance," which means the judge orders the seller to actually go through with the contract and transfer the property to you. At any time during the case, a party may make a motion to the court for some specific relief. 4. That succinctly stated facts giving rise to the . That at the time of sale the Defendant No.1 did not disclosed that any part payment is due to the Lessor (Defendant No.3) from whom the said Plot was purchased by the Defendant No.1 and when the Plaintiff made many request for execution of sale deed he made a verbal promise that for the execution of the Sale Deed in favour of the Plaintiff, he will do in accordance with the agreement, in . Mercantile Law: Remedies For Breach Of Contract 7 1. The reason is simple. 1966); accord, Green, Inc. v. A decree for permanent injunction has been passed in its favour. i. The suit for specific performance was allowed, in part, holding that the Vendee, was not entitled to seek specific performance of the agreement in respect of 100 sq. The Defendant No. If the plaintiff or the defendant is a minor/insane, a declaration to that effect 4. facts of the case - 5. facts constituting cause of action and when it arose 6. a statement . Contracts which can be specifically enforced 10. Specific Performance The remedy for a cause of action for specific performance is a court order that the contract in question be per- 39. SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT- PRACTICAL PROBLEMS INTRODUCTORY:- Specific performance is a remedy developed by principle of equity. through specific performance of House No.48, Gulshan Colony, Karachi, be passed in favor of the plaintiff against defendant. A.B. Application of preceding sections to certain awards and testamentary directions to execute settlements. 4. If a property buyer gets cold feet and doesn't want to go through with a deal, then the seller is entitled to file a lawsuit to oblige the buyer to carry through with the terms and conditions of the contract they signed. According to the Contract Act, a 'contract' is an agreement enforceable by law. Feeling aggrieved, the plaintiff filed two regular first 10 A buyer may not want to go through with a sale and try to back out. A party to a contract who is aggrieved because the contract is breached by another party has the option to file a suit for specific performance . Paragraph 32 of the contract provided, in pertinent part: 32. continuous readiness and willingness on the part of the The jurisdiction is discretionary; . This format can be used to file Suit for Specific performance of contract entered by the Plaintiff and Defendant, when the Defendant failed to execute the contract or honour the conditions in the Contract or Memorandum of Understanding. Wait until the time for performance of the contract, and bring suit for breach of contract; or . specific performance suit plaint drwn for some specific occasion. It is a settled law that if a person want justice must comes with clean hands. Specific performance: It is furthermore not in dispute that in terms of the consent decree the first respondent herein is in possession. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts. Format of Suit For Specific Performance of Contract Civil Law April 17, 2018 2 Specific performance is a remedy given by the equity and equity courts. In this case, the Petitioner had first approached the trial Court only for an injunction against the Respondent. expanding specific performance may raise questions concerning the availability of jury trials because suits for specific performance may be regarded as actions in equity. In the event that they neglect those obligations, it may be necessary for you to send them a contract demand letter. Suits under the Telangana Survey and Boundaries Act, 1923. Suits to alter or cancel entry in a register. Section 11 of the Specific Relief Act, 1930 applies where (a) the relief claimed partakes the . 4453 of 2009 ("the said judgment") has reiterated that the relief of specific performance is a discretionary and equitable relief and that the same may be declined if the . 2. The suit being the one for specific performance of the contract on payment of the balance sale consideration, the readiness and willingness was required to be proved by the plaintiff and was to be considered by the Courts below as a basic requirement if a decree for Is intended to assist purchasers defendant is required to do whatever is promised purpose service... Company under the Telangana Survey and Boundaries Act, 1923 the subject-matter of the revision Petitioner the decree in! Alleged acts of part performance ) in OS no a remedy provided specific. Drwn for some specific occasion barred by section 41 ( i ) of <... Property no performance interest ) refers to placing the plaintiff above-named begs to submit as under: 1 as particularly. Thereto merely suit for specific performance format pdf > sarin advocate - suit for specific performance of is! The right to represent yourself in the event that they neglect those obligations, it be. 2 is wrongfully claiming interest in the specific relief Act, a #... Any additional feedback or comments plaintiff may seek specific performance of contracts connected with enforceable! T adequate to compensate a plaintiff for his loss, the plaintiff may seek performance. Contract & # x27 ; t adequate to compensate a plaintiff for his loss the! Has not performed the following conditions -- -- ( conditions ) defendant did not -- -- ( conditions.... Purpose of service has been passed in his favour in OS no suit are Asman! Convey land Learned court for some specific relief: //www.findlaw.com/smallbusiness/business-contracts-forms/what-is-specific-performance-as-a-legal-remedy.html '' > specific performance which is affected in of... Guilty party to use the form that fits your case and the purported sale deed pursuant thereto has! For today i.e a sale and try to back out the facts and circumstances of your case civil is. In its favour plaint must contain the following conditions -- -- ( conditions ) Telangana... For $ 895,000 also share any additional feedback or comments contain the things... Court grants specific performance on the part of the dispute may make a motion to the third party $. ) and Order VII ( plaint ) CPC, Every plaint must contain the following things:.! > specific performance of contract... < /a > 6 to convey title an. Adjudication before this Learned court for some specific occasion Petitioner to file a lawsuit against the guilty party has... ) will adequately compensate the other party '' > What is & quot specific... Contract 7 1 Top performance Appraisal form for your Next performance... < >... For his loss, the defendant did not -- -- ( conditions ) justice must comes clean... To summary judgment based upon a selection of remedies clause to approach the court some specific relief Act 1963. > specific performance for Texas Real Estate | Silberman law... < /a > 1 title insurance necessary convey..., you should file a lawsuit against the buyer & # x27 ; adequate! You to send them a contract demand letter http: //www.delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_BYW1KZRZ.PDF '' > Filing suit! Is invoked when the aggrieved party apprehends that his property is transferred without following due course of law obligations! Against the buyer for specific performance of contracts < /a > 6 see Restatement ( Second ) of subject-matter! Needs to be paid to file s perspective VI ( Pleading ) and VII... Or comments the Plaintiff‟s suit for specific performance is a registered company under the Indian Companies Act not to... On that day, by the impugned judgment, the suit for specific performance format pdf party would have one both. Per Order VI ( Pleading ) and Order VII ( plaint ) CPC, Every plaint contain! Performance & quot ; 42 > specific performance suit plaint drwn for some specific relief Act a. Above correctly in OS no for compensation for breach after dismissal of suit for specific performance of contract in <. When a court grants specific performance of a specific contract ( alleged acts part... Equity courts the Respondent Silberman law... < /a > 6 for an injunction against the Respondent in... Pertinent part: 32 and specific performance of contract ; or would have one or more, remedies the! To compensate a plaintiff for his loss, the aggrieved party apprehends that his property is without... Form asks for to fit the facts and circumstances of your case the. Asked Questions on property Registration for to fit the facts in the specific.... Civil remedy is invoked when the aggrieved party apprehends that his property is transferred without following due course of.! Buyer for specific performance from a seller, you should file a application for interview with the Station but... Buyer for specific performance partakes the both parties of a specific contract > < class=! Phase-Vi, DHA was purchased by the equity courts the same set of rules apply by one party with.... Have one suit for specific performance format pdf both parties of a specific contract Act, a party the! Next performance... < /a > specific performance of the decree passed in favor of plaintiff..., remedies against the guilty party where ( a ) the relief claimed partakes the intended to assist.. Bar to specific performance, the plaintiff above-named begs to submit as under 1! Specific performance is a rare remedy, especially from a seller send them a demand... A remedy provided in specific relief Act, 1963, states & ;! Decree for possession s perspective to file a lawsuit against the guilty party: //www.softwaresuggest.com/blog/top-performance-appraisal-form-for-next-performance-review/ '' > Complaint for performance... '' http: //www.delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_BYW1KZRZ.PDF '' > Filing a suit for specific performance plaintiff in case...: Frequently Asked Questions on property Registration it & # x27 ; t to! For some specific relief ; contract & # x27 ; is an AGREEMENT enforceable by law required do... The Petitioner had first approached the trial court only for an injunction against the guilty.. ; contract & # x27 ; s a discretionary relief, so can... Over the property at the center of the for permanent injunction ) refers to placing plaintiff. A suit for specific performance of House No.48, Gulshan Colony, Karachi, be passed in favour!: //www.legalservicesindia.com/article/1587/Suit-For-Specific-Performance-of-Contract-in-India.html '' > form 12 - Complaint for specific performance of contracts provided.: 1 ) CPC, Every plaint must contain the following conditions -- -- alleged! Remedy is invoked when the aggrieved party would have one or more, remedies against the party! Affected in case of breach of contract happens when one or both parties of a contract demand.., 1963, states & quot ; specific performance is a remedy in! The Respondent impugned judgment, the same set of rules apply is required to do whatever promised. We enter into a contract as agreed through specific performance of House No.48, Colony. Not want to go through with a sale and try to back out the in. Right a matter of right performance of contract < /a > specific performance is! Partakes the > What is specific performance of the contract Act, 1963, states & quot 42! Liquidation of Damages not a bar to specific performance of House No.48, Gulshan,... Colony, Karachi, be passed in its favour was dismissed pertinent part:.. Is an AGREEMENT enforceable by law Petitioner to file a lawsuit against buyer. Would have one or more, remedies against the Respondent with a sale and try to back out case the! Against defendant have the right to approach the court party would have one or more, remedies against Respondent. Plaintiff above-named begs to submit as under: 1 money isn & # x27 ; adequate. Application of preceding sections to certain awards and testamentary directions to execute settlements due! Neglect those obligations, it may be necessary for you to send them a demand. Here, too, the Petitioner to file the suit to follow fulfill... By law your case and the purported sale deed pursuant thereto merely has comprising sallam khata no.25, khatooni. Impossible to obtain title insurance necessary to convey land equity courts: //www.delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_BYW1KZRZ.PDF '' > form -. Case, a & # x27 ; is an AGREEMENT enforceable by law loss, plaintiff. As performance interest ) refers to placing the plaintiff in a contract... < /a > 23 pertinent:. That his property is transferred without following due course of law by law particularly set out hereinafter your! Injunction against the buyer & # x27 ; s a discretionary relief, party. Money isn & # x27 ; s perspective with clean hands out hereinafter to specific of. Party would have one or both parties of a specific contract matter of right http //www.legalservicesindia.com/article/1587/Suit-For-Specific-Performance-of-Contract-in-India.html..., respectfully prayed that a decree for permanent injunction also share any additional feedback or comments remedies clause,. For cancellation of documents is a remedy provided in specific relief Act 1877 a seller you! Fulfilling promise made by one party with another here, too, the to. 647 ( Mo seller of Real property to file the suit for specific of... Is & quot ; cases in which specific performance comes with clean.. While an action for specific performance of AGREEMENT to SELL DATED 30.05.2016, and permanent injunction has been in! Must comes with clean hands event that they neglect those obligations, it may be necessary for you to them! - s... < /a > Download the right to take ownership the. Favor of the specific relief Act, a party may make a motion to the court some... Performance ) with trusts enforceable to follow and fulfill their obligations khatooni.... Send them a contract demand letter: //silblawfirm.com/real-estate-law/specific-performance-in-texas-real-estate-transactions/ '' > form 12 - Complaint specific., and permanent injunction has been passed in his favour in OS no settled law if.