Case Summary
Abdul Rasheed filed suit for specific performance of contract against Fathima et al. He alleged non-performance of contract by defendants after he performed his obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of ₹7,88,125 with 12% interest and costs, with a charge over plaint C schedule property
Case Type
Specific Performance of Contract
Final Judgment
No
The suit is decreed in favor of the plaintiff for payment of specific amount with interest and costs, with a charge over the property involved.
Why Plaintiff Won:
Plaintiff proved non-performance of contract by defendants and his performance of obligations
Plaintiff proved non-performance of contract by defendants and his performance of obligations
Losing Side's Weaknesses:
Plaintiff proved non-performance of contract by defendants and his performance of obligations
Plaintiff proved non-performance of contract by defendants and his performance of obligations
Supporting Evidence
Verbatim sentence(s)/paragraph(s) where the court explains WHY the winning party succeeded. Focus on factual findings and legal standards.
Judgment Evidence:
Verbatim sentence(s)/paragraph(s) where the court states the final operative order. Prefer text containing 'In the result', 'Hence', 'Therefore', 'Ordered', 'Allowed', 'Dismissed'.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Rasheed
- Party Age
- 36
- Relation
- S/o. Pottachola Muhammedkutty Haji
- Party Role
- Defendant
- Party Name
- Fathima
- Party Age
- 41
- Relation
- W/o. Valiya Parambil Hurayarukutty, D/o. Panathodiyil Mammikutty Haji (late)
- Party Role
- Defendant
- Party Name
- Kolladathil Siraj Faizal
Plaintiffs Documents
23-12-2010 Agreement
Defendants Documents
Advocates
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
Decree for payment with interest and charge over C schedule property
Evidence:
Defendants are directed to pay an amount of ₹7,88,125/- to the plaintiff with interest at 12% from the date of the suit till realization, with a charge over plaint C schedule property.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement dated 23-12-2010 for sale of property
Reference:
Ext.A1
Case Classification
Case Type
Specific Performance of Contract
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Specific performance of contract
Case Code
Case between Abdul Rasheed vs Fathima et al regarding specific performance of contract
Case Code Year
Case between Abdul Rasheed vs Fathima et al regarding specific performance of contract
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour