Case Summary
The plaintiff, Parambatha Manhambravan Kunhabdulla Haji, is seeking specific performance in relation to a property agreement with the defendants, who include Parambath Ayissa and others. The dispute arose after the defendants allegedly delayed executing a surrender deed for certain properties as per their agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Specific performance of the surrender of item No. 3 of the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to execute the surrender deed for item No. 3 of the property within one month and awarding costs of the suit to the plaintiff.
Why Plaintiff Won:
The defendants acknowledged the terms of the agreement concerning item Nos. 1 and 2, which also apply to item No. 3, hence, they were estopped from denying the terms of the agreement.
The defendants acknowledged the terms of the agreement concerning item Nos. 1 and 2, which also apply to item No. 3, hence, they were estopped from denying the terms of the agreement.
Losing Side's Weaknesses:
The defendants acknowledged the terms of the agreement concerning item Nos. 1 and 2, which also apply to item No. 3, hence, they were estopped from denying the terms of the agreement.
The defendants acknowledged the terms of the agreement concerning item Nos. 1 and 2, which also apply to item No. 3, hence, they were estopped from denying the terms of the agreement.
Supporting Evidence
The defendants who have admitted Ext. A2 and A3 surrender deed is indirectly admitting the execution of Ext.A1 agreement.
Judgment Evidence:
Therefore, in the light of discussions the plaintiff is entitled to get a decree for specific performance of the agreement with respect to item No.3 of the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Parambatha Manhambravan Kunhabdulla Haji
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Parambath Ayissa
- Party Age
- 67
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Parambath Sara
- Party Age
- 64
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kallumpurath Shareefa
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kallumpurath Ramla
- Party Age
- 44
- Relation
- D/o
Plaintiffs Documents
Agreement entered in between Manjambravan Kunhabdulla Haji and four others, Certified copy of Surrender Deed No. 10081/2022 of SRO, Kavilumpara, Surrender Deed No. 1009/2022 of SRO, Kavilumpara.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Kuttikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. P. Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
The plaintiff requested the court to compel the defendants to execute the surrender deed for item No. 3 of the plaint schedule properties.
Evidence:
Therefore, in the light of discussions the plaintiff is entitled to get a decree for specific performance of the agreement with respect to item No.3 of the plaint schedule properties.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document details the agreement entered into between the plaintiff and the defendants regarding the partition of property.
Reference:
Ext.A1
Document Type:
Surrender Deed
Submitted By:
Plaintiff
Relevance:
This document is the certified copy of the surrender deed executed by the plaintiff in favor of the defendants concerning item No. 1 of the plaint schedule properties.
Reference:
Ext.A2
Document Type:
Surrender Deed
Submitted By:
Defendant
Relevance:
This document is the surrender deed executed by the defendants in favor of the plaintiff regarding item No. 2 of the plaint schedule properties.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Parambatha Manhambravan Kunhabdulla Haji vs Parambath Ayissa et al regarding specific performance of a contract.
Case Code Year
Case between Parambatha Manhambravan Kunhabdulla Haji vs Parambath Ayissa et al regarding specific performance of a contract.