Case Summary
Johny Joseph filed a suit against Devaki for specific performance of a sale agreement for a residential property. The plaintiff alleged that the defendant failed to execute the sale deed despite having received full payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Specific performance of the agreement and delivery of vacant possession of the property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's evidence was unchallenged and supported by the agreement and payments made.
The plaintiff's evidence was unchallenged and supported by the agreement and payments made.
Judgment Evidence:
In the result, suit decreed with costs as follows: 1. That the defendant shall specifically perform the registered agreement for sale bearing No. 3987/2018 dated 25.10.2018 executed between the plaintiff and the defendant and shall execute and register a sale deed in respect of the plaint schedule property in favour of the plaintiff within forty-five days from the date of this decree.
Parties Involved
Plaintiffs
Johny Joseph (57 years years)
Chirayath House, Koovappady P O, Koodalappadu Kara, Koovappady Village, Kunnathunadu Taluk, Pin: 683 544
Defendants
Devaki (78 years years)
Kallupalam House, Perumbavoor P O, Karattupalli Kara, Perumbavoor Village, Kunnathunadu Taluk, Pin: 683542
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
The defendant shall specifically perform the registered agreement for sale and execute the sale deed in favor of the plaintiff.
Evidence:
In the absence of any contra evidence the documents marked as Ext.A1 to A4 proves the case of the plaintiffs. Hence, I find that the plaintiff is entitled for the relief of specific performance as prayed for.
Relief Type:
Possession
Outcome:
Granted
Description:
The defendant shall deliver vacant possession of the plaint schedule property to the plaintiff at the time of execution of the sale deed.
Evidence:
The defendant shall also deliver vacant possession of the plaint schedule property to the plaintiff at the time of execution of the sale deed.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall also pay the costs of the suit to the plaintiff.
Evidence:
The defendant shall also pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
The document serves as the basis for the plaintiff's claim for specific performance of the sale agreement.
Reference:
Ext.A1