Siyadh v. Titto
Case brief
What is this about?
The High Court allowed an appeal against a decree rejecting specific performance. Finding that plaintiffs paid over half the consideration, the Court modified the relief, directing specific performance of half the property by decreeing an additional payment of Rs.10 Lakhs within three months.
What did the court decide?
Specific performance of half the property by directing the defendant to pay an additional Rs.10,00,000/- within three months and returning the advance of Rs.5,50,000/- with interest.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 18TH DAY OF MAY 2022 / 28TH VAISAKHA, 1944
RFA NO. 205 OF 2009
AGAINST THE JUDGMENT AND DECREE IN OS 133/2007 DATED 12-11-2008 ON THE FILE OF PRINCIPAL SUB COURT, NORTH
PARAVUR.
APPELLANTS/PLAINTIFFS :
- 1 SIYAD, AGED 30 YEARS,S/O BEERANKUNJU, MANAMELPPARAMBIL HOUSE, KIZHAKEPRAM MURI, KOTTUVALLY VILLAGE.
2 YOUSAF, AGED 28 YEARS, S/O.MUHAMMAD HASSAN, KALATHIPPARAMBIL HOUSE, PARAVOOTHARA MURI, PARAVUR VILLAGE.
BY ADVS. SRI.KAPPILLIL ANILKUMAR SMT.P.A.JASMIN
Issues for consideration
2 issues framed by the court
Whether the plaintiffs proved readiness and willingness to perform their part of the contract under Section 16 of the Specific Relief Act.
Whether specific performance should be granted when more than half of the sale consideration has been paid invoking powers under Section 20 of the Specific Relief Act.
Parties & counsel
- appellant
SIYAD
- appellant
YOUSAF
- respondent
TITTO
- respondent
BABY TITTO
- respondent
RAYEEN TITTO
- respondent
Case details
As recorded by the court registry
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