Suit for specific performance of an agreement to sell
A buyer's plaint to make the seller execute the sale deed, with readiness and willingness, possession and the alternative refund of the earnest money.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Civil Judge (Junior Division), Amarnagar
Civil Suit No. ______ of 2026
Versus
SUIT FOR SPECIFIC PERFORMANCE OF AN AGREEMENT TO SELL AND FOR POSSESSION, OR IN THE ALTERNATIVE FOR RECOVERY OF THE EARNEST MONEY
(agreement dated 10-03-2026; price ₹24,00,000; earnest money ₹4,00,000)
Respectfully Showeth:
1.That the defendant is the owner in possession of the following property (hereinafter "the suit property"):
A residential plot measuring 200 square yards, comprised in Khasra No. 45/2, situated in Village Kalyanpur, Hadbast No. 112, Tehsil and District Amarnagar, bounded on the North by a 20-feet road, South by the plot of Jagir Singh, East by the house of Om Prakash and West by vacant land.
2.That by a written agreement to sell dated 10-03-2026, the defendant agreed to sell the suit property to the plaintiff for a total price of ₹24,00,000 (Rupees Twenty-Four Lakh only), and received ₹4,00,000 (Rupees Four Lakh only) as earnest money by cheque No. 000222 drawn on Amar Bank, Amarnagar; the sale deed was to be executed and registered on or before 15-09-2026, and it was further agreed that vacant possession of the plot would be delivered to the plaintiff at the registration of the sale deed.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The original agreement to sell (iqrarnama) and the receipts for the earnest money (bayana) and any later payments
- Proof that you are ready with the balance price: a bank statement, FD or loan sanction letter
- Proof of what you did: the affidavit of your presence at the Sub-Registrar's office on the date fixed, and the legal notice with its postal receipts
- A recent jamabandi (fard) or other record of the property, and the seller's full address
- Your identity proof, and a vakalatnama in favour of your advocate, signed by you
Where to go
Filed through an advocate in the civil court of the area where the property lies, with the supporting affidavit.
Fee
Court fee is usually on the agreed price, under the state's court-fee law, as the counter assesses, with the process fee (talbana) for the summons. The advocate's fee is separate.
Good to know
- File within three years of the date fixed for the sale deed; if no date was fixed, from when the seller refused.
- You must show that you were ready and willing all along: keep the balance price available until the decree.
- To stop the seller from selling to someone else meanwhile, ask for a temporary injunction with the plaint.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.