Case Summary
The plaintiff, Aparna Govindan, filed a suit against the defendant, Iqubal, for mandatory injunction and damages due to the non-payment of license fees for a commercial property. The defendant failed to vacate the premises despite the termination of the license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the premises and payment of arrears and damages.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, directing the defendant to vacate the plaint schedule premises and pay the plaintiff arrears of license fees and damages for unlawful occupation.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence regarding the breach of the license agreement by the defendant, resulting in entitlement for the damages claimed.
The plaintiff provided unchallenged evidence regarding the breach of the license agreement by the defendant, resulting in entitlement for the damages claimed.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence regarding the breach of the license agreement by the defendant, resulting in entitlement for the damages claimed.
The plaintiff provided unchallenged evidence regarding the breach of the license agreement by the defendant, resulting in entitlement for the damages claimed.
Supporting Evidence
The evidence of PW1 and the documents produced by him remained unchallenged. As such I find that the plaintiff is entitled to a decree for mandatory injunction directing the defendant to vacate the plaint schedule premises.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed by a mandatory injunction to vacate the plaint schedule shop room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aparna Govindan
- Party Age
- 48
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Iqubal
- Relation
- S/o.
Plaintiffs Documents
Power of Attorney executed by Aparna Govindan in favour of Sivaprasad S., License Agreement executed between Aparna Govindan and Iqubal, Copy of lawyer notice sent to Iqubal.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S. Murali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shemie Jithin
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana P.K.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nivedita Muchilote
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to vacate the plaint schedule shop room.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule shop room within one month from today.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant liable to pay arrears of license fee.
Evidence:
The defendant is liable to pay Rs.21,000/- towards the arrears of license fee with 12% interest per annum.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant liable to pay damages for unlawful use and occupation.
Evidence:
The defendant is liable to pay an amount of Rs.23,000/- per month as damages for unlawful use and occupation from the date of suit.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Produced to establish the authority of the witness representing the plaintiff.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Executed agreement that demonstrates the terms under which the defendant occupied the property.
Reference:
Ext.A2
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Another version of the license agreement further substantiating the plaintiff's claims.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates the notice sent to the defendant regarding the termination of the license agreement.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant.
Reference:
Ext.A4(a)
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Demonstrates that the notice sent to the defendant was not received.
Reference:
Ext.A5
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 Aparna Govindan vs Iqubal regarding mandatory injunction and damages for use and occupation of property
Case Code Year
Case between Aparna Govindan vs Iqubal regarding mandatory injunction and damages for use and occupation of property