Case Summary
Plaintiff seeks specific performance of an agreement for sale of property and partition of shares against defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Specific performance of contract for property sale
Case Type
Specific Performance and Partition
Final Judgment
No
Why Plaintiff Won:
The court found that plaintiff's evidence regarding the execution of the agreement was more reliable and credible than the defendant's denial.
The court found that plaintiff's evidence regarding the execution of the agreement was more reliable and credible than the defendant's denial.
Judgment Evidence:
The suit is decreed as plaintiff is entitled to have 2/16 shares in the plaint 'B' schedule property. The second defendant is entitled to get 14/16 shares. The second defendant has to execute a sale deed with respect to 2/16 share in favor of the plaintiff within two months from the date of the final decree.
Parties Involved
Plaintiffs
Variyam parambil Abu (54 years)
Kalpakanchery Amsom and Desom, Tirur Taluk
Defendants
Variyam parambil Jamal (43 years)
Thottayipadi, Tirur Taluk
Variyam parambil Kadeeja (66 years)
Melangadi, Tirur Taluk
Reliefs
Relief Type:
Specific Performance
Outcome:
Granted
Description:
Plaintiff entitled to 2/16 shares in property, defendant No. 2 must execute sale deed in favor of plaintiff
Evidence:
The suit is decreed as plaintiff is entitled to have 2/16 shares in the plaint 'B' schedule property. The second defendant is entitled to get 14/16 shares. The second defendant has to execute a sale deed with respect to 2/16 share in favor of the plaintiff within two months from the date of the final decree.
Documents & Evidence
Document Type:
Certified copy of Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document supporting plaintiff's claim
Reference:
A1
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the agreement for sale of property
Reference:
A2
Document Type:
Joint Release Deed
Submitted By:
Defendant
Relevance:
Document related to release of shares by other siblings
Reference:
B1