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ORIGINAL SUIT No. 49 OF 2014

Case between Abdul Majeed Mollancheri vs Kaliyedathil Biyya regarding specific performance of contract

Court
Court of the Munsiff of Tirur
Judge
SRI. BIJU V.G., B.Sc., LL.B.
Order Date
2015-02-13
Duration
1 year
Case Closed
Fri, 02/13/2015 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdul Majeed Mollancheri filed a suit against Kaliyedathil Biyya seeking specific performance of a contract to purchase a property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendant must execute and register the transfer deed conveying her right over the property to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Specific Performance of Contract
Case Type
Civil Suit - Specific Performance of Contract
Final Judgment
No
The court decreed that the defendant must execute and register the transfer deed conveying her right over the property to the plaintiff.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence to prove the existence of the contract and the defendant's failure to fulfill her obligations.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence to prove the existence of the contract and the defendant's failure to fulfill her obligations.
Supporting Evidence
Since the defendant remained ex-parte, the evidence adduced by PW1 remained unchallenged. I find no reason to disbelieve PW1. Therefore, I hold a view that plaintiff has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the suit is decreed as follows:...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Majeed Mollancheri
Party Age
49
Relation
S/o. Muhammed
Party Role
Defendant
Party Name
Kaliyedathil Biyya
Party Age
62
Relation
W/o. Vettanveettil Hyder
Plaintiffs Documents
Sale Assignment deed, Certified Copy of Jenm Assignment deed, Lawyer Notice, Postal receipt, Acknowledgment
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Gopi Kadavath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. E.C. Suresh
Appearance Type
Main Counsel

Reliefs

Relief Type: Specific Performance of Contract
Outcome: Granted
Description:
Direction for defendant to execute transfer deed for plaintiff's property share
Evidence:
The court decreed that the defendant must execute and register the transfer deed conveying her right over the property to the plaintiff.

Documents & Evidence

Document Type: Sale Assignment deed
Submitted By: Plaintiff
Relevance:
Proof of agreement for property purchase
Reference:
A1 - 30-06-2012
Document Type: Certified Copy of Jenm Assignment deed
Submitted By: Plaintiff
Relevance:
Historical document related to property ownership
Reference:
A2 - 23-09-1992
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Communication of demand to defendant
Reference:
A3 - 18-12-2013
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of dispatch of lawyer notice
Reference:
A4 - 18-12-2013
Document Type: Acknowledgment
Submitted By: Plaintiff
Relevance:
Proof of receipt of lawyer notice by defendant
Reference:
A5 - 19-12-2013

Case Classification

Case Type
Civil Suit - Specific Performance of Contract
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Majeed Mollancheri vs Kaliyedathil Biyya regarding specific performance of contract
Case Code Year
Case between Abdul Majeed Mollancheri vs Kaliyedathil Biyya regarding specific performance of contract

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 02/13/2014 - 12:00
Case Closed
Fri, 02/13/2015 - 12:00
From
Sun, 02/01/2015 - 12:00
To
Sat, 02/28/2015 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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