Case Summary
The plaintiff, Cherian John, has filed a suit against Elizabeth Thomas for mandatory injunction and damages for unauthorized use of property. The case revolves around arrears of license fee and the need for the defendant to vacate the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to remove belongings and pay Rs.3,99,800/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to vacate the premises and pay an amount of Rs.3,99,800/- with interest to the plaintiff.
Why Plaintiff Won:
The evidence presented by the plaintiff was not rebutted.
The evidence presented by the plaintiff was not rebutted.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was not rebutted.
The evidence presented by the plaintiff was not rebutted.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. The defendant is hereby directed by a decree of mandatory injunction to remove her belongings from the plaint schedule building and hand over the key to the plaintiff, within a period of 3 (three) months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cherian John
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Elizabeth Thomas
- Relation
- W/o
Plaintiffs Documents
License Deed, Receipt of Kottayam Municipality
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Nizar N P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vivek Mathew Varkey
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to remove her belongings from the plaint schedule building and hand over the key to the plaintiff.
Evidence:
The defendant is hereby directed by a decree of mandatory injunction to remove her belongings from the plaint schedule building and hand over the key to the plaintiff, within a period of 3 (three) months from today.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.3,99,800/- with interest from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs.3,99,800/- with interest at the rate of 6% per annum from 01.09.2023 till 31.03.2024 from the defendant and her assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realize Rs.40,000/- per month from the defendant till all articles are removed.
Evidence:
The plaintiff entitled to realise an amount of Rs.40,000/- per month, from the defendant and her assets, from the date of suit till the defendants remove all their articles from the plaint schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
No order as to costs.
Evidence:
There is no order as to costs.
Documents & Evidence
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
This document serves as the basis for the license agreement under which the defendant was permitted to use the plaint schedule building.
Reference:
Ext.A1
Document Type:
Receipt of Kottayam Municipality
Submitted By:
Plaintiff
Relevance:
This receipt evidences payments made by the defendant which are relevant to the plaintiff's claims.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Cherian John vs Elizabeth Thomas regarding mandatory injunction and damages
Case Code Year
Case between Cherian John vs Elizabeth Thomas regarding mandatory injunction and damages