Case Summary
The case involves Vishnu. T as the plaintiff and Viswanathan as the defendant, who is also the plaintiff's father. The plaintiff seeks specific performance of a contract related to the sale of property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall execute and register a sale deed in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to execute and register the sale deed in favor of the plaintiff within two months, or allow the plaintiff to execute it through court.
Why Plaintiff Won:
The plaintiff proved his case with unchallenged oral testimony and supporting documents.
The plaintiff proved his case with unchallenged oral testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff proved his case with unchallenged oral testimony and supporting documents.
The plaintiff proved his case with unchallenged oral testimony and supporting documents.
Supporting Evidence
The case of the plaintiff is proved by his unchallenged oral testimony and the exhibit A1- A7 document.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant shall execute and register a sale deed with respect to the plaint schedule property in favour of the plaintiff or in the name of any person as directed by the plaintiff within two months failing which the plaintiff shall be at liberty to execute the sale deed through the process of the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vishnu. T
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viswanathan
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Digital survey plan, Sale agreement dated 29.07.2024, Copy of counter foil of the deposit slip dated 30.07.2024, Photocopy of counter foil of deposit slip, Encumbrance certificate dated 09.08.2024, Original deed No.3402/2013 of SRO Chathamangalam, Acknowledgement issued from Taluk Office Kozhikode
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Akshay Kammath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshay Sankar. P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P. Chathukutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sudarma
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
Plaintiff sought specific performance of the sale agreement.
Evidence:
The court is inclined to grant the discretionary relief of specific performance in the name of the plaintiff.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The normal rule is that cost shall follow event. I find no reason to deviate from the same.
Documents & Evidence
Document Type:
Digital survey plan
Submitted By:
Plaintiff
Relevance:
Marked as evidence of the property involved in the agreement for sale.
Reference:
Ext.A1
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the agreement for sale dated 29.07.2024 between the parties.
Reference:
Ext.A2
Document Type:
Copy of counter foil of the deposit slip
Submitted By:
Plaintiff
Relevance:
Evidence of payment made towards the loan account related to the sale agreement.
Reference:
Ext.A3
Document Type:
Photocopy of counter foil of deposit slip
Submitted By:
Plaintiff
Relevance:
Further evidence of payment related to the transaction.
Reference:
Ext.A4
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Shows the status of the property with respect to mortgages and other claims.
Reference:
Ext.A5
Document Type:
Original deed
Submitted By:
Plaintiff
Relevance:
Relates to the title and previous ownership of the property.
Reference:
Ext.A6
Document Type:
Acknowledgement issued from Taluk Office
Submitted By:
Plaintiff
Relevance:
Documents related to the plaintiff's actions concerning the property.
Reference:
Ext.A7
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 Vishnu. T vs Viswanathan regarding specific performance of contract.
Case Code Year
Case between Vishnu. T vs Viswanathan regarding specific performance of contract.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt