Case Summary
The case involves Variyam parambil Abu, the plaintiff, seeking specific performance of an agreement and partition of inherited property after the death of Moideen, their father. The defendants, Variyam parambil Jamal and Variyam parambil Kadeeja, contested the agreement and asserted their ownership of their shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Execution of sale deed with respect to 2/16 share in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to receive 2/16 shares of the property, while the second defendant will receive the remaining 14/16 shares. The second defendant is required to execute a sale deed in favor of the plaintiff within two months.
Why Plaintiff Won:
The court found that the plaintiff had established readiness and willingness to perform the contract, and the suit was maintainable despite the defendant's claims of limitation.
The court found that the plaintiff had established readiness and willingness to perform the contract, and the suit was maintainable despite the defendant's claims of limitation.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that the execution of Ext.A2 document was proved and that there was no sufficient evidence to support the claims of the first defendant, establishing the plaintiff's right to the shares.
Judgment Evidence:
In the result the suit is decreed as follows: 1. The plaintiff is entitled to have 2/16 shares in the plaint 'B' schedule property. 2. The second defendant is entitled to get 14/16 shares in the plaint 'B' schedule property. 3. The second defendant has to execute sale deed with respect to 2/16 share in favour of the plaintiff within two months from the date of the final decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Variyam parambil Abu
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Variyam parambil Jamal
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Variyam parambil Kadeeja
- Party Age
- 66
- Relation
- D/o
Plaintiffs Documents
Certified copy of Kanam Assignment Deed No.03-11-1977, Sale Agreement No.29-09-2008.
Defendants Documents
Joint Release deed No.3942/2013
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P. Sreehari
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vivek
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
The plaintiff is entitled to a decree for specific performance of the sale agreement.
Evidence:
The plaintiff is entitled to get the property of 1st party to be transferred in his name.
Relief Type:
Partition
Outcome:
Granted
Description:
The parties are entitled to their respective shares in the plaint B schedule property.
Evidence:
The total extend of the Plaint B schedule property is 6 1/2 cents. The plaintiff is entitled to have 2/16 shares in the plaint 'B' schedule property.
Relief Type:
Execution of Sale Deed
Outcome:
Granted
Description:
The second defendant is ordered to execute the sale deed in favor of the plaintiff within two months.
Evidence:
The second defendant has to execute sale deed with respect to 2/16 share in favour of the plaintiff within two months from the date of the final decree.
Relief Type:
Execution through Court
Outcome:
Granted
Description:
In case of failure to execute the sale deed, the plaintiff can have it executed through the court.
Evidence:
In case the second defendant failed to execute the sale deed within two months from the date of passing final decree the plaintiff is allowed to get the document executed through court.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the basis for the plaintiff's claim for specific performance of the contract.
Reference:
Ext.A2
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document provides context regarding the genealogical ownership of the property in question.
Reference:
Ext.A1
Document Type:
Joint Release Deed
Submitted By:
Defendant
Relevance:
This document evidences the transfer of share from other heirs in favor of the second defendant.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Specific performance of contract
Case Code
Case between Variyam parambil Abu vs Variyam parambil Jamal et al regarding specific performance and partition
Case Code Year
Case between Variyam parambil Abu vs Variyam parambil Jamal et al regarding specific performance and partition