Case Summary
The plaintiff Venugopal seeks specific performance of a contract to sell property against the defendants Chandran, Sukumaran, and Girija. The defendants allegedly failed to execute a sale deed for a property after receiving an advance payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to execute and register a sale deed in favor of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, directing the defendants to execute a sale deed for the property within two months. The defendants are also restrained from encumbering the property until the sale deed is executed.
Why Plaintiff Won:
The plaintiff proved his case since the defendants did not contest the claims.
The plaintiff proved his case since the defendants did not contest the claims.
Losing Side's Weaknesses:
The plaintiff proved his case since the defendants did not contest the claims.
The plaintiff proved his case since the defendants did not contest the claims.
Supporting Evidence
Since the defendants remained ex parte, the evidence adduced by the plaintiff remained unchallenged. Hence, the case set up by the plaintiff stands proved, and the plaint claim is accepted as established.
Judgment Evidence:
In the result, the suit is decreed with cost as follows: 1.The defendants Nos. 1 to 3 are hereby directed to execute and register a sale deed in favour of the plaintiff in respect of the plaint ‘B’ schedule property, in accordance with the agreement for sale dated 05.01.2024, within a period of two months from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Venugopal
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandran
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sukumaran
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Girija
- Party Age
- 61
- Relation
- W/o
Plaintiffs Documents
Sale Agreement, Certified copy of Sale Deed No.2702/23 of SRO, Perumbavoor, Office copy of lawyer notice, Commission report and Rough Sketch.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P G Dileep Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C R Deepa
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
The court directed the defendants to execute and register a sale deed in favour of the plaintiff regarding the B schedule property.
Evidence:
The defendants Nos. 1 to 3 are hereby directed to execute and register a sale deed in favour of the plaintiff in respect of the plaint ‘B’ schedule property, in accordance with the agreement for sale dated 05.01.2024, within a period of two months from the date of this judgment.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The court issued a permanent prohibitory injunction restraining the defendants from alienating or encumbering the B schedule property.
Evidence:
The defendants are further restrained by a permanent prohibitory injunction from alienating, encumbering, or creating any document affecting the plaint ‘B’ schedule property or the plaintiff’s rights thereunder until execution of the sale deed as directed above.
Relief Type:
Refund
Outcome:
Not Decided
Description:
The plaintiff sought a decree for the refund of the advance amount with interest.
Evidence:
In the alternative, the plaintiff prays that the advance amount of 3,33,600/- received by the defendants be ordered to be refunded with 12% interest from the date of agreement till realisation.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the sale agreement dated 05.01.2024 under which the plaintiff sought a sale deed for the B schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is the certified copy of Sale Deed No.2702/23 of SRO, Perumbavoor, relating to the purchase of the A schedule property.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is the office copy of the lawyer notice dated 25.04.2024 which called upon the defendants to execute the sale deed.
Reference:
Ext.A3
Document Type:
Commission report and Rough Sketch
Submitted By:
Court
Relevance:
This document contains the commission report and rough sketch submitted by Adv. Akshay Santhosh related to the case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Venugopal vs Chandran et al regarding specific performance of a contract for sale of immovable property
Case Code Year
Case between Venugopal vs Chandran et al regarding specific performance of a contract for sale of immovable property