Case Summary
The plaintiffs, Jasheer and Muhammed Shereef, filed a suit against the defendant, K. Sabareesh Babu, for a mandatory injunction to vacate a shop room. The plaintiffs claim ownership of the shop and argue that the defendant, who has been occupying it under a license agreement, must surrender possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender vacant possession of the plaint schedule shop room.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, directing the defendant to vacate the shop room within one month and granting the plaintiffs the right to recover costs of the suit.
Why Plaintiff Won:
The court found that the defendant was not a tenant but a licensee and upheld the termination of the license agreement.
The court found that the defendant was not a tenant but a licensee and upheld the termination of the license agreement.
Losing Side's Weaknesses:
The court found that the defendant was not a tenant but a licensee and upheld the termination of the license agreement.
The court found that the defendant was not a tenant but a licensee and upheld the termination of the license agreement.
Supporting Evidence
On meticulous evaluation of the oral evidence of PW1 and DW1 coupled with Ext A1, it can be concluded that as per Ext.A1 plaintiffs agreed to provide mere occupation of the building for the purpose of running business and the parties never intended to create an interest over the same by granting exclusive possession so as to treat the arrangement as a lease instead of license.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)That the defendant is directed to surrender vacant possession of the plaint schedule shop room to the plaintiffs by removing his belongings within one month from today, failing which the plaintiffs can get the decree executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jasheer
- Party Age
- 31
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Muhammed Shereef
- Party Age
- 37
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- K. Sabareesh Babu
- Party Age
- 52
- Relation
- S/o.
Plaintiffs Documents
Shop license agreement entered into between Jasheer, Sherief and Sabareesh Babu, Copy of Lawyer notice sent by Adv. A. Basheer to K. Sabareesh Babu.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Basheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Gangadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The plaintiffs sought a mandatory injunction for the defendant to vacate the shop room.
Evidence:
Therefore the defendant has no right to continue in possession of plaint schedule property as the license agreement is already expired. As such the plaintiff is entitled to a decree of mandatory injunction as prayed for.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Plaintiffs used this document to establish ownership of the shop room and to show the terms under which the defendant occupied the premises.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant to inform him about the revocation of the license agreement and request vacating the premises.
Reference:
Ext.A2
Document Type:
Reply to lawyer notice
Submitted By:
Defendant
Relevance:
The defendant's response to the notice sent by the plaintiffs, asserting his right to remain in possession.
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 Jasheer et al vs K. Sabareesh Babu regarding mandatory injunction
Case Code Year
Case between Jasheer et al vs K. Sabareesh Babu regarding mandatory injunction