Case Summary
Assan Koya. V. P is the plaintiff seeking specific performance of a contract against Aboobacker, the defendant, who refused to execute a sale deed for a property. The plaintiff had paid an advance of Rs. 6,00,000 and was ready to perform his part of the contract.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Specific performance of the contract and deposit of balance sale consideration
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting specific performance of the contract. The defendant is ordered to execute the sale deed upon receipt of the balance sale consideration.
Why Plaintiff Won:
The plaintiff's case was proved by unchallenged oral testimony and documentation supporting his claim.
The plaintiff's case was proved by unchallenged oral testimony and documentation supporting his claim.
Losing Side's Weaknesses:
The plaintiff's case was proved by unchallenged oral testimony and documentation supporting his claim.
The plaintiff's case was proved by unchallenged oral testimony and documentation supporting his claim.
Supporting Evidence
The plaintiff when examined as PW1 has deposed in tune with the plaint averments. He has tendered in exhibit A1 document in evidence. The case of the plaintiff is proved by his unchallenged oral testimony and the exhibit A1 document.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff shall deposit the balance sale consideration calculated at Rs.2,00,000/- of the plaint schedule property within 3 months from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Assan Koya. V. P
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aboobacker
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 - Sale agreement dated 09.12.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N. Shaju George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ramees. S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
The court grants the plaintiff' claim for specific performance of the sale agreement.
Evidence:
Hence, the court is inclined to grant the discretionary relief of specific performance in favour of the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the sale agreement dated 09.12.2021, which supports the plaintiff's claim for specific performance.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Assan Koya. V. P vs Aboobacker regarding specific performance of contract
Case Code Year
Case between Assan Koya. V. P vs Aboobacker regarding specific performance of contract