Case Summary
Biji.R filed a suit against Sheeja for specific performance of a contract regarding the sale of a property. The plaintiff claims that the defendant failed to execute the sale deed despite receiving an advance sale consideration.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to execute the registered sale deed.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to execute a registered sale deed for the property within two months. If the defendant fails, the plaintiff can have the sale deed executed through the court.
Why Plaintiff Won:
The plaintiff proved her readiness and willingness to perform the contract and provided sufficient evidence.
The plaintiff proved her readiness and willingness to perform the contract and provided sufficient evidence.
Losing Side's Weaknesses:
The plaintiff proved her readiness and willingness to perform the contract and provided sufficient evidence.
The plaintiff proved her readiness and willingness to perform the contract and provided sufficient evidence.
Supporting Evidence
The plaintiff has produced sufficient documentary evidence in support of her pleadings and has proven it by clear, cogent and convincing evidence.
Judgment Evidence:
In the result, suit is decreed as follows: The defendant is directed to execute registered sale deed in favour of plaintiff with respect to the plaint schedule property having an extent of 1.54 Ares comprised in resurvey No.736/5-1 in Thiruvallam village mentioned in Ext.A1 within a period of 2 months from the date of decree after considering the balance sale consideration of Rs.1,00,000/- from the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biji.R
- Party Age
- 37
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sheeja
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Original Sale Agreement No. 620/2017, Original Sale deed No. 2628/12, Certified copy of Sale Deed No. 369/14, Original Tax Receipt, Copy of Advocate Notice, Original Reply Notice, Copy of draft Sale Deed, Copy of receipt of Bank Deposit, Original Counter foil of the original pay in slip of the Bank, Certified copy of deed No. 366/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Satheesh Babu.G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. R.Rajendran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
Plaintiff requested specific performance of the sale agreement.
Evidence:
Having considered the evidence adduced and rival contentions of the plaint the plaintiff is entitled for a decree of specific performance of the contract in her favour.
Relief Type:
Deposit of Sale Consideration
Outcome:
Granted
Description:
Plaintiff directed to deposit the balance sale consideration before the court.
Evidence:
The plaintiff is directed to deposit the balance sale consideration of Rs.1,00,000/- before court within one month from the date of decree.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the primary agreement between the plaintiff and defendant for the sale of the property in question.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a previous sale deed relevant to the property that belonged to the defendant.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Court
Relevance:
This document serves as a certified copy of the sale deed pertaining to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document establishes proof of property taxes related to the plaint schedule property.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice issued to the defendant demanding the execution of the sale deed.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This document is the response from the defendant explaining their position regarding the agreement.
Reference:
Ext.A6
Document Type:
Draft Sale Deed
Submitted By:
Plaintiff
Relevance:
This document is a copy of the draft sale deed prepared by the plaintiff.
Reference:
Ext.A7
Document Type:
Bank Deposit Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the deposit of the balance sale consideration by the plaintiff.
Reference:
Ext.A8
Document Type:
Pay in Slip
Submitted By:
Plaintiff
Relevance:
This document is the original counter foil of the pay in slip from the bank.
Reference:
Ext.A9
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of another deed serving to establish the plaintiff's witness presence at the office.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Biji.R vs Sheeja regarding specific performance
Case Code Year
Case between Biji.R vs Sheeja regarding specific performance