Case Summary
The case involves R Suresh, the plaintiff, who entered into an agreement with K Hassan to run a hotel business, but the defendant did not hand over the property as agreed. The plaintiff is claiming a return of the security deposit after the defendant failed to fulfill the contract.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to recover Rs. 6,00,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is partially decreed in favour of the plaintiff, who is entitled to recover Rs. 6,00,000 from the defendant, while the counterclaim from the defendant is dismissed.
Why Plaintiff Won:
The agreement was found to be void ab initio as the defendant, being a licensee, had no right to sublet the property.
The agreement was found to be void ab initio as the defendant, being a licensee, had no right to sublet the property.
Losing Side's Weaknesses:
The agreement was found to be void ab initio as the defendant, being a licensee, had no right to sublet the property.
The agreement was found to be void ab initio as the defendant, being a licensee, had no right to sublet the property.
Supporting Evidence
The agreement executed between parties wherein possession is handed over is void ab initio. Thus, the defendant cannot claim Rs. 60,000 per month from the plaintiff.
Judgment Evidence:
In the result, the suit is decreed in part as follows: 1. The prayer seeking permanent prohibitory injunction by the plaintiff so as to restrain the defendant from removing the movables in plaint A schedule property is dismissed. 2. Plaintiff is entitled to recover Rs. 6,00,000 (Rupees Six Lakhs only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount. 3. The counterclaim as sought for by the defendant is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- R Suresh
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K Hassan
- Relation
- S/o
Plaintiffs Documents
Certified Copy of agreement entered into between Navab and R Suresh, Registered lawyer notice sent by Adv.KN Saseendran to K Hassan.
Defendants Documents
Agreement executed by Assan in favour of Nawab, Acknowledgment receipt issued by Kozhikode Corporation to Assan K.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri NVP Rafeeque
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vivek P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Seeking to restrain the defendant from disposing of the movables in plaint A schedule property.
Evidence:
Hence, the apprehension of the plaintiff that the defendant is to dispose of the articles cannot be taken into consideration and hence injunction cannot be granted as sought for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs. 6,00,000/- from the defendant.
Evidence:
Thus, in that sense of the matter, the plaintiff is entitled to get Rs. 6,00,000/-.
Relief Type:
Counter Claim
Outcome:
Rejected
Description:
Counterclaim for damages and compensation amounting to Rs. 9,21,200/-.
Evidence:
The counterclaim as sought for by the defendant is dismissed.
Documents & Evidence
Document Type:
Certified Copy of Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed between the plaintiff and defendant concerning the operation of the hotel.
Reference:
Ext.A1
Document Type:
Certified copy of Registered lawyer notice
Submitted By:
Plaintiff
Relevance:
A notice issued by the plaintiff's lawyer demanding handover of the property, which the defendant did not respond to.
Reference:
Ext.A2
Document Type:
Returned cover with acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence that the notice sent by the plaintiff's lawyer was returned unserved.
Reference:
Ext.A3
Document Type:
Reply of Lawyer Notice
Submitted By:
Defendant
Relevance:
The defendant's response to the notice sent by the plaintiff's lawyer.
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
The agreement executed by the defendant, reinforcing his claims regarding the operation of the hotel.
Reference:
Ext.B1
Document Type:
Acknowledgment Receipt
Submitted By:
Defendant
Relevance:
Receipt from the Kozhikode Corporation related to the property involved in the case.
Reference:
Ext.B3
Document Type:
Deed of Licence
Submitted By:
Defendant
Relevance:
License agreement indicating the nature of the defendant's rights over the property.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the Advocate Commissioner after inspecting the plaint A schedule property.
Reference:
Ext.C1
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 R Suresh vs K Hassan regarding permanent prohibitory injunction and money.
Case Code Year
Case between R Suresh vs K Hassan regarding permanent prohibitory injunction and money.