Case Summary
Abdul Azeez, the plaintiff, is the absolute owner of the property and has permitted Althaf, the defendant, to use a shop room through a license agreement. Due to non-payment of license fees, the plaintiff has filed a suit against the defendant for eviction and recovery of dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to vacate the plaint schedule property within a month and pay ₹1,03,727 towards arrears of license fee with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to vacate the property and pay the overdue license fee with interest.
Why Plaintiff Won:
The evidence submitted by the plaintiff was unchallenged and supported by the necessary documents.
The evidence submitted by the plaintiff was unchallenged and supported by the necessary documents.
Losing Side's Weaknesses:
The evidence submitted by the plaintiff was unchallenged and supported by the necessary documents.
The evidence submitted by the plaintiff was unchallenged and supported by the necessary documents.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property within a period of one month, failing which the plaintiff can resort to the process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Azeez
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Althaf
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
License agreement signed and executed by the plaintiff and the defendant, Building tax receipt of the Plaint Schedule Shop room, Copy of lawyer notice with acknowledgment and receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Premananthan K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate from the plaint schedule property within a period of one month.
Evidence:
The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property within a period of one month, failing which the plaintiff can resort to the process known to law.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from entering into the plaint schedule property.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from entering into the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay a sum of ₹ 1,03,727 towards arrears of licence fee to the plaintiff.
Evidence:
The defendant is directed to pay a sum of 1,03,727/- towards arrears of licence fee to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the license agreement between the plaintiff and defendant regarding the use of the shop room.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the tax-related obligations for the shop room.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the demand made by the plaintiff for payment of the license fee arrears.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Abdul Azeez vs Althaf regarding mandatory injunction and other connected reliefs
Case Code Year
Case between Abdul Azeez vs Althaf regarding mandatory injunction and other connected reliefs