Case Summary
The plaintiff, The Calicut Co-operative House, Construction Society Limited, filed a suit seeking mandatory injunction for the defendant, Mohan Das. K, to vacate a shop room for defaulting on license fee payments. The defendant claimed exclusive possession and disputed the nature of the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay 1,38,371/- along with 11,800/- per month for unauthorized occupation and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to pay the plaintiff a total of 1,38,371/- and further monthly compensation for unauthorized occupation until a specific date, along with costs of the suit.
Why Plaintiff Won:
The unchallenged evidence established the defendant's default in payment of license fees and unauthorized occupation.
The unchallenged evidence established the defendant's default in payment of license fees and unauthorized occupation.
Losing Side's Weaknesses:
The unchallenged evidence established the defendant's default in payment of license fees and unauthorized occupation.
The unchallenged evidence established the defendant's default in payment of license fees and unauthorized occupation.
Supporting Evidence
The evidence deposed by the plaintiff is not challenged by the defendant in cross-examination.
Judgment Evidence:
In the result, the suit is declared as follows: 1. The defendant is directed to pay 1,38,371/- from May 2021 to December 2021. 2. The defendant is also directed to pay 11,800/- per month as compensation for the unauthorized occupation of the plaint schedule shop room from 01.01.2021 to 01.12.2025 with an interest at rate of 8% per month and KGST and GST on payment of court fee. 3. Defendant shall pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Calicut Co-operative House, Construction Society Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohan Das. K
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Deed of License executed between Plaintiff and Defendant on 06.07.2018, Copy of Lawyer Notice with Postal Receipt dated 05.11.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.M. Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.Sivadasan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sajna Mohammed
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to pay 1,38,371/- towards arrears of license fee from May 2021 to December 2021.
Evidence:
The defendant is directed to pay 1,38,371/- (Rupees One Lakh Thirty Eight Thousand Three Hundred And Seventy One Only) from May 2021 to December 2021.
Relief Type:
Compensation
Outcome:
Granted
Description:
The defendant shall pay 11,800/- per month as compensation for unauthorized occupation from 01.01.2021 to 01.12.2025.
Evidence:
The defendant is also directed to pay 11,800/- (Rupees Eleven Thousand And Eight Hundred Only) per month as compensation for the unauthorized occupation of the plaint schedule shop room from 01.01.2021 to 01.12.2025.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit to the plaintiff.
Evidence:
Defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The court used this document to establish the nature of the arrangement between the parties as a license agreement and to assess the claims made by the plaintiff.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The court referenced this notice to determine the legality of the termination of the license agreement and the demand for vacating the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between The Calicut Co-operative House, Construction Society Limited vs Mohan Das. K regarding mandatory injunction.
Case Code Year
Case between The Calicut Co-operative House, Construction Society Limited vs Mohan Das. K regarding mandatory injunction.