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The Code of Civil Procedure, 1908: page 252

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 252, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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          (e) (property subject to mortgage);
         (f) (If the plaintiff’s title is derivative, state shortly the transfers or devolution under which he
     claims).
          (If the defendant is mortgagee in possession, add)
          3. The defendant has taken possession [or has received the rents] of the mortgaged property.
          [As in paras. 4 and 5 of Form No. 1.]
         6. The plaintiff claims to redeem the said property and to have the same reconveyed to him [and
     to have possession thereof.] 1[together with mesne profits.]
                                                         No. 47
                                             SPECIFIC PERFORMANCE (No. 1)
                                                         (Title)
A. B., the above-named plaintiff, states as follows:—
     1. By an agreement dated the........... day of................and signed by the defendant, he contracted to
buy of [or sell to] the plaintiff certain immovable property therein described and deferred to, for the sum
of........................ rupees.
    2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the
defendant has not done so.                                                 e
                                                                    od
    3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his
part of which the defendant has had notice.
[As in paras. 4 and 5 of Form No. 1.]                         aC
    6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement
                                                          di
and to do all acts necessary to put the plaintiff in full possession of the said property [or to accept a
                                                         In
transfer and possession of the said property] and to pay the costs of the suit.
                                                         No. 48
                                              SPECIFIC PERFORMANCE (No. 2)
                                                         (Title)
A. B., the above-named plaintiff, states as follows:—
    1. On the..............day of..............20............, the plaintiff and defendant entered into an agreement, in
writing, and the original document is hereto annexed.
     The defendant was absolutely entitled to the immovable property described in the agreement.
    2. On the...........day of...............20............, the plaintiff tendered……………. rupees to the defendant,
and
demanded a transfer of the said property by a sufficient instrument.
    3. On the..........day of..................20.........., the plaintiff again demanded such transfer. [or the
defendant refused to transfer the same to the plaintiff.]
     4. The defendant has not executed any instrument of transfer.
    5. The plaintiff is still ready and willing to pay the purchase-money of the said property to the
defendant.
     [As in paras. 4 and 5 of Form No. 1.]
     8. The plaintiff claims—
          (1) that the defendant transfers the said property to the plaintiff by a sufficient instrument
     [following the terms of the agreement];
          (2)……………. rupees compensation for withholding the same.


1. added. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977).


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