Case Summary
Salim Ahammed, the plaintiff, is seeking specific performance of a contract with his brother, M.V. Faisal Ahammed, the defendant, regarding the sale of joint property. The plaintiff claims that the defendant failed to perform the contract after receiving part of the sale consideration.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is directed to deposit the balance sale consideration and the defendant shall execute a sale deed.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to execute a sale deed for his 14/96 shares in the plaint schedule property.
Why Plaintiff Won:
The plaintiff is entitled to specific performance as the evidence adduced was unrebutted and the defendant failed to perform the contract.
The plaintiff is entitled to specific performance as the evidence adduced was unrebutted and the defendant failed to perform the contract.
Losing Side's Weaknesses:
The plaintiff is entitled to specific performance as the evidence adduced was unrebutted and the defendant failed to perform the contract.
The plaintiff is entitled to specific performance as the evidence adduced was unrebutted and the defendant failed to perform the contract.
Supporting Evidence
Evidence adduced stands unrebutted and there is no reason for applying the discretion of the court in allowing the performance of the contract.
Judgment Evidence:
In the result, Suit decreed with costs as follows: The plaintiff is directed to deposit the balance sale consideration within two months from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Salim Ahammed
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thaslim M.V
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.V. Faisal Ahammed
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original sale agreement executed on 30/9/2023, Original Power of Attorney agreement executed by Saleem Ahammed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muneer Ahmed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mudasser Ahmed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Muhammed Shameem Paksan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
Plaintiff is entitled to get a decree for specific performance.
Evidence:
Evidence adduced stands unrebutted and there is no reason for applying the discretion of the court in allowing the performance of the contract.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit.
Evidence:
The plaintiff is entitled to get costs of the suit also.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original sale agreement executed between Makkatt veettil Faisal Ahammed and Makkatt veettil Saleem Ahammed.
Reference:
Ext.A1
Document Type:
Power of Attorney Agreement
Submitted By:
Plaintiff
Relevance:
Original Power of Attorney agreement executed by Saleem Ahammed in favour of Makkatt Veettil Thasleem.
Reference:
Ext.A2
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 Salim Ahammed vs M.V. Faisal Ahammed regarding specific performance.
Case Code Year
Case between Salim Ahammed vs M.V. Faisal Ahammed regarding specific performance.