Case Summary
Plaintiff Kunju Bava aged 53, S/o. Haidrose Kutti, and defendant C. A Abdulla aged 66, S/o. Abubacker, involved in a dispute over properties in Elamkulam village purchased in 1995. Plaintiff seeking specific performance of agreement dated 26.06.2011
Judgment Outcome
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed. Each party to bear their costs.
Key Reasoning:
Exhibit A1 agreement lacked stamp duty and registration, rendering it inadmissible.
Exhibit A1 agreement lacked stamp duty and registration, rendering it inadmissible.
Losing Side's Weaknesses:
Exhibit A1 agreement lacked stamp duty and registration, rendering it inadmissible.
Exhibit A1 agreement lacked stamp duty and registration, rendering it inadmissible.
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunju Bava
- Party Age
- 53
- Relation
- S/o. Haidrose Kutti
- Party Role
- Defendant
- Party Name
- C. A Abdulla
- Party Age
- 66
- Relation
- S/o. Abubacker
Plaintiffs Documents
Agreement, Certified copy of Sale Deed, Office copy of Lawyer Notice, Postal Receipt, Postal Acknowledgment Card, Survey Plan, Power of Attorney, Certified copy of Deed
Defendants Documents
Deed bearing No. 67/2011, Certified copy of Judgment, Report by State Forensic Science Lab
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. A Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- D.V Vinod Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ramesh P.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. K Nasseer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. K Sudheer
- Appearance Type
- Assisting Counsel
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Document presented as evidence for specific performance claim
Reference:
Exhibit A1
Document Type:
Deed
Submitted By:
Defendant
Relevance:
Document presented by defendant as evidence
Reference:
Deed bearing No. 67/2011
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Presented related to property purchase
Reference:
No. 5507/1995
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendant on 24.07.2012
Reference:
Document Type:
Legal Notice
Submitted By:
Defendant
Relevance:
Legal Notice presented as evidence
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Kunju Bava vs C. A Abdulla regarding specific performance of agreement and consequential reliefs
Case Code Year
Case between Kunju Bava vs C. A Abdulla regarding specific performance of agreement and consequential reliefs