K.T.Mathew v. John Kurian
Case brief
What is this about?
Small Causes or Sub-Court dismissed specific performance suit; Kerala HC held plaintiff not ready/willing and dismissed SP claim, but allowed amendment for refund of advance rupee.
What did the court decide?
Suit for specific performance dismissed. Petition to amend plaint allowed to claim refund of Rs 20 lakhs advance with interest.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 29TH DAY OF MARCH 2022 / 8TH CHAITHRA, 1944
RFA NO. 550 OF 2008
AGAINST THE JUDGMENT & DECREE DATED 29.02.2008 IN OS 119/2006 OF SUB COURT, THIRUVALLA
APPELLANT/PLAINTIFF:
K.T.MATHEW, S/O.THOMAS, KOLABHAGATHU HOUSE, VENPALA MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK
BY ADV SMT.SUMATHI DANDAPANI SR., SRI.K.P. DANDAPANI SR., SRI.MILLU DANDAPANI
RESPONDENT/DEFENDANT:
Issues for consideration
3 issues framed by the court
Whether the plaintiff was ready and willing to perform his part of the contract?
Whether the Suit Court's findings calling for interference require modification?
Whether the plaint should be amended to include a prayer for refund of advance money?
Parties & counsel
- appellant
K.T. Mathew
- respondent
John Kurian
Coram
P.B. Suresh Kumar
Case details
As recorded by the court registry
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