DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE
In the Court of _______________________________
(add description and residence) _______________________________ Plaintiff
VERSUS
(add description and residence) _______________________________ Defendant
Respectfully
- The defendant did not enter into the agreement.
- ______________was not the agent of the defendant (if alleged by plaintiff).
- The plaintiff has not performed the following conditions (Conditions).
- The defendant did not (alleged acts of part performance).
- The plaintiff's title to the property agreed to be sold is not such as the defendant is bound to accept by reason of the following matter (State why).
- The agreement is uncertain in the following respects (State them).
- (or) The plaintiff has been guilty of delay.
- (or) The plaintiff has been guilty of fraud (or misrepresentation).
- (or) The agreement is unfair.
- (or) The agreement was entered into by mistake.
- The following are particulars of (7), (8), (9), (10) (or as the case may be).
- The agreement was rescinded under Conditions of Sale, No. 11 (or by mutual agreement).
(In cases where damages are claimed and the defendant disputes his liability to damages, he must deny the agreement or the alleged breaches, or show whatever other ground of defense he intends to rely on, e.g., the [Indian Limitation Act,] accord and satisfaction, release, fraud, etc.)
Dated :
Defendant
Through, Advocate
Verification:
I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Defendant
AFFIDAVIT
In the Court of _______________________________
Petitioner:____________________________
Versus
Respondent:____________________________
That I am the defendant in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am pleading defence under Section 9 of the Specific Relief Act, 1963 before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.
Place: (Signature)
__________________
Date: Deponent
__/__/____
