Case Summary
The plaintiffs, including the heirs of Gafoorkhan, are seeking specific performance of a sale agreement with Ismail Khan, who is now deceased. The defendants, as legal heirs of Ismail Khan, have not complied with the agreement to register the sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to execute and register a sale deed in favour of plaintiffs with respect to plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendants to execute and register a sale deed in favor of the plaintiffs within two months. If the defendants fail to comply, the plaintiffs may get the sale deed executed through the court at the defendants' expense.
Why Plaintiff Won:
The evidence provided by the plaintiffs remains unchallenged, establishing their continuous possession and the defendants' failure to comply with the contractual obligations.
The evidence provided by the plaintiffs remains unchallenged, establishing their continuous possession and the defendants' failure to comply with the contractual obligations.
Losing Side's Weaknesses:
The evidence provided by the plaintiffs remains unchallenged, establishing their continuous possession and the defendants' failure to comply with the contractual obligations.
The evidence provided by the plaintiffs remains unchallenged, establishing their continuous possession and the defendants' failure to comply with the contractual obligations.
Supporting Evidence
The evidence put forth by the plaintiffs remains unchallenged. The plaintiff was always ready and willing to complete registration. Hence, the specific performance of the agreement should be ordered.
Judgment Evidence:
In the result, Suit is decreed as follows: 1.Defendants are directed to execute and register a sale deed in favour of plaintiffs with respect to plaint schedule property within two month from the date of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gafoorkhan
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shakeela Banu. A
- Party Age
- 48
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sherin Khan. G
- Party Age
- 21
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shameenbanu. G
- Party Age
- 19
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shamsheer Khan. G
- Party Age
- 16
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noorjahan
- Party Age
- 61
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Surayya
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sheeri
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shahanas
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Roshanbi
- Party Age
- 75
- Relation
- W/o
Plaintiffs Documents
Agreement executed between plaintiff and Ismail Khan, Certified Copy of Deed No. 391/2004.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T. V. Pradeep Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K. P. Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sreeraj P. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
Defendants are directed to execute and register a sale deed in favor of plaintiffs with respect to plaint schedule property.
Evidence:
Suit is decreed as follows: 1.Defendants are directed to execute and register a sale deed in favour of plaintiffs with respect to plaint schedule property within two month from the date of the decree.
Relief Type:
Execution through Court
Outcome:
Granted
Description:
On failure of defendants to register the sale deed, plaintiffs can approach the court for execution through court at the defendants' expense.
Evidence:
On the failure of defendants to do so, plaintiffs can approach this court for getting the sale deed executed through this court at the expenses of defendants.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The court fee payable shall be recoverable by the state government from the plaintiff and will be a first charge on the plaint schedule property.
Evidence:
The court fee payable shall be recoverable by the state government from the plaintiff and same shall be a first charge on the plaint schedule property.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed between the plaintiff and Ismail Khan for the sale of the property.
Reference:
Ext.A1
Document Type:
Certified Copy of Deed
Submitted By:
Court
Relevance:
This document certifies the ownership of Ismail Khan in the plaint schedule property.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice issued by the plaintiff to the defendants demanding registration of the sale deed.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of sending notices to the defendants.
Reference:
Ext.A3(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment card confirming receipt of the notice by the defendants.
Reference:
Ext.A4
Document Type:
Unserved notice
Submitted By:
Plaintiff
Relevance:
This document includes multiple unserved notices with acknowledgment cards, indicating the defendants did not receive them.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Specific performance of contract
Case Code
Case between Gafoorkhan (Died), Shakeela Banu. A, Sherin Khan. G, Shameenbanu. G, Shamsheer Khan. G vs Noorjahan, Surayya, Sheeri, Shahanas, Roshanbi, Shaik Muhammad Haneef, Aneez, Muhammad Shamraz, Nishana regarding specific performance of contract.
Case Code Year
Case between Gafoorkhan (Died), Shakeela Banu. A, Sherin Khan. G, Shameenbanu. G, Shamsheer Khan. G vs Noorjahan, Surayya, Sheeri, Shahanas, Roshanbi, Shaik Muhammad Haneef, Aneez, Muhammad Shamraz, Nishana regarding specific performance of contract.
Case Flags
Out-of-Court Settlement