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
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.
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
Plaintiffs
Venugopal (66 years years)
Kanjirakkudy House, Aimuri Kara, Koovappady Village, Kunnathunadu Taluk
Defendants
Chandran (72 years years)
Chakkalaparambil House, Nedumbassey P O – 683 585, Kapprassery Kara, Chengamanad Village, Aluva Taluk
Sukumaran (63 years years)
Chakkalaparambil House, Nedumbassey P O – 683 585, Kapprassery Kara, Chengamanad Village, Aluva Taluk
Girija (61 years years)
Thottappattungal House, South Vazhakkulam P O, South Vazhakkulam Kara, Vazhakkulam Village, Kunnathunadu Taluk, Pin: 683 105
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