Case Summary
This suit involves Apputty, the plaintiff, who is seeking specific performance of a contract to sell property against Muhammed Ashraf, the defendant. The plaintiff alleges that despite paying part of the sale consideration, the defendant refused to execute the sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff shall deposit the balance sale consideration calculated at Rs.1,30,000/- and the defendant shall execute and register a sale deed.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to execute the sale deed upon payment of the remaining sale consideration.
Why Plaintiff Won:
The plaintiff proved his case through unchallenged oral testimony and the sale agreement.
The plaintiff proved his case through unchallenged oral testimony and the sale agreement.
Losing Side's Weaknesses:
The plaintiff proved his case through unchallenged oral testimony and the sale agreement.
The plaintiff proved his case through unchallenged oral testimony and the sale agreement.
Supporting Evidence
The case of the plaintiff is proved by his unchallenged oral testimony and the exhibit A1 document.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall deposit the balance sale consideration calculated at Rs.1,30,000/- of the plaint schedule property within 3 months from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Apputty
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Ashraf
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Sale agreement dated 14.03.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Manoharan.M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Prasanth.U
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
The plaintiff sought specific performance of the sale agreement.
Evidence:
Hence, the court is inclined to grant the discretionary relief of specific performance in the name of the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the sale agreement dated 14.03.2024 through which the defendant agreed to sell the plaint schedule property.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Specific performance of contract
Case Code
Case between Apputty vs Muhammed Ashraf regarding specific performance of contract
Case Code Year
Case between Apputty vs Muhammed Ashraf regarding specific performance of contract