Case Summary
Kurian Abraham filed a suit against Sivadas P.G. and Sumadevi G for specific performance of a contract regarding the sale of property. The plaintiff claimed that the defendants agreed to sell him the property but failed to execute the sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall execute sale deed in favour of the plaintiff within a period of 3 months.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to execute the sale deed within three months.
Why Plaintiff Won:
The plaintiff established that he was ready and willing to perform his part of the contract.
The plaintiff established that he was ready and willing to perform his part of the contract.
Losing Side's Weaknesses:
The plaintiff established that he was ready and willing to perform his part of the contract.
The plaintiff established that he was ready and willing to perform his part of the contract.
Supporting Evidence
On an overall analysis of the evidence on record, it can safely be concluded that there was an agreement for sale between the plaintiff and the defendants.
Judgment Evidence:
The suit is decreed as follows: 1. The plaintiff shall deposit the sale consideration at the court. 2. The defendants shall execute sale deed in favour of the plaintiff within a period of 3 months. 3. Failure in which, the plaintiff shall execute the deed through due process of court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kurian Abraham
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sivadas P.G.
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sumadevi G
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Property Sale Agreement, Tax receipts, Thandapper Account, Demand Draft
Defendants Documents
Reply notice to the legal notice
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K R Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K Karjet
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
The plaintiff is entitled to get the sale deed executed in his favour.
Evidence:
The plaintiff is entitled to get the sale deed executed in his favour and the defendants are bound to convey the plaint schedule property executing by executing sale deed as agreed.
Relief Type:
Recovery of Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendants.
Evidence:
Considering the facts and circumstances of the case, the plaintiff is entitled to recover costs from the defendants.
Documents & Evidence
Document Type:
Property Sale Agreement
Submitted By:
Plaintiff
Relevance:
The alleged agreement for sale entered into between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Copy of the sale deed
Submitted By:
Plaintiff
Relevance:
Copy of the Sale Deed No. 1506/2005 of SRO Pampady which is relevant to the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by the Village Office, Meenadom, which was handed over to the plaintiff.
Reference:
Ext.A6
Document Type:
Thandapper Account
Submitted By:
Plaintiff
Relevance:
Thandapper Account No. 5829 issued by the Village Office, Meenadom.
Reference:
Ext.A7
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent by Adv. K R Muraleedharan informing the readiness to register the sale deed.
Reference:
Ext.A11
Document Type:
Demand Draft
Submitted By:
Plaintiff
Relevance:
Copy of the demand draft for Rs. 8,90,000/- drawn from Union Bank of India, Chengannur Branch.
Reference:
Ext.A15
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement of Kurian Abraham showing the transfer of funds.
Reference:
Ext.A16
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed number 636/2020 of SRO Pampady.
Reference:
Ext.A17
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice to the legal notice denying the alleged transaction.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Kurian Abraham vs Sivadas P.G. et al regarding specific performance of contract
Case Code Year
Case between Kurian Abraham vs Sivadas P.G. et al regarding specific performance of contract