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ORIGINAL SUIT NO. 27 OF 2016

Case between Shahid vs Chacky regarding specific performance of contract.

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Smt. VINCY.T.V.,B.A, LL.B., MUNSIFF
Order Date
2017-03-07
Duration
Case Closed
Tue, 03/07/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Shahid, filed a suit against the defendant, Chacky, for specific performance of a contract regarding the sale of a property. The defendant had agreed to sell the property but later contested the validity of the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendant is to pay an amount of Rs. 20,000/- to the plaintiff along with interest. The parties shall bear their own costs.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs. 20,000/- to the plaintiff with an interest at the rate of 12% per annum from 23.03.2013 till the date of realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is to pay an amount of Rs. 20,000/- to the plaintiff along with interest. The parties shall bear their own costs.
Why Plaintiff Won:
The terms of the mediation settlement were lawful and not adhered to by the defendant.
Losing Side's Weaknesses:
The terms of the mediation settlement were lawful and not adhered to by the defendant.
Supporting Evidence
The court found that the defendant failed to comply with the mediation agreement regarding payment to the plaintiff.

Judgment Evidence:

As the terms of the mediation settlement is lawful the suit is decreed as follows: 1. Defendant is directed to pay an amount of Rs. 20,000/- to the plaintiff with an interest at the rate of 12% per annum from 23.03.2013 till the date of realisation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shahid
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
Chacky
Party Age
60
Relation
D/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Noufel.P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. V. Chandrasekharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K. Vipin
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant is directed to pay an amount of Rs. 20,000/- to the plaintiff with an interest at the rate of 12% per annum from 23.03.2013 till the date of realisation.
Evidence:
As the terms of the mediation settlement is lawful the suit is decreed as follows:

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Shahid vs Chacky regarding specific performance of contract.
Case Code Year
Case between Shahid vs Chacky regarding specific performance of contract.

Case Flags

Adalath Resolved
Out-of-Court Settlement

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
Tue, 03/07/2017 - 12:00
From
Wed, 03/01/2017 - 12:00
To
Fri, 03/31/2017 - 12:00
Outcome Confidence
80%

Involved Entities

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