Defence to Suit for Specific Performance
1. The defendant did not
enter into the agreement.
2. A.B. was not the
agent of the defendant (if alleged by plaintiff).
3. The plaintiff has not
performed the following conditions-- -- (Conditions).
4. The defendant did
not-- -- (alleged acts of part performance).
5. 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).
6. The agreement is
uncertain in the following respects-- -- (State them).
7. (or) The plaintiff
has been guilty of delay.
8. (or) The plaintiff
has been guilty of fraud ( or misrepresentation).
9. (or) The agreement is
10. (or) The agreement
was entered into by mistake.
11. The following are
particulars of (7), (8), (9), (10), (or as the case may be).
12. The agreement was
rescinded under Conditions of Sale, No.11 (or by mutual agreement).
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 defence he intends to rely on, e.g., the Indian Limitation Act,
accord and satisfaction, release, fraud, etc.)