Case Summary
Samuel Abraham, the plaintiff, claims that Riju.K.C, the defendant, failed to pay the required license fees for a shop room. The plaintiff seeks to have the defendant vacate the property and pay the outstanding dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the plaint schedule property and realization of Rs 2,48,648/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the premises and pay the outstanding license fees.
Why Plaintiff Won:
The plaintiff successfully proved his title and entitlement to the relief sought.
The plaintiff successfully proved his title and entitlement to the relief sought.
Losing Side's Weaknesses:
The plaintiff successfully proved his title and entitlement to the relief sought.
The plaintiff successfully proved his title and entitlement to the relief sought.
Supporting Evidence
The unchallenged oral testimony of the PW1 coupled with exhibits A1 to A6 proves the case of the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows:- 1. Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Samuel Abraham
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Riju.K.C
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Jenm Assignment Deed No.4047/1997 of SRO Feroke, License agreement dated 01.01.2019, Various lawyer notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sabu John Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sreekanth Swaroop
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule property within 45 days.
Evidence:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from entering and using the plaint schedule property after surrender.
Evidence:
After surrender of the plaint schedule property, the defendant is restrained by way of permanent prohibitory injunction from entering into the plaint schedule property and using the same.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs 23,100/- per month until actual surrender of the property.
Evidence:
The plaintiff shall be entitled to realise Rs 23,100/- per month from the defendant till the date of actual surrender of the plaint schedule property on payment of court fee under section 23 ( C ) of the Kerala Court Fee and Suits Valuation Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay Rs 2,48,648/- to the plaintiff with interest.
Evidence:
The defendant shall pay Rs 2,48,648/- (Rupees Two Lakh forty eight thousand six hundred and forty eight) to the plaintiff with interest at the rate of 6% from the date of suit till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant to pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Proves the agreement between the plaintiff and defendant regarding the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant regarding the default in payment of license fee.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Reminds the defendant about the dues and notices sent earlier.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Further reminds the defendant about outstanding dues and unauthorized use.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice to the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proves receipt of notice by the defendant.
Reference:
Ext.A6
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 Samuel Abraham vs Riju.K.C regarding mandatory injunction, permanent prohibitory injunction, realization of arrears of license fee and for damages for use and occupation.
Case Code Year
Case between Samuel Abraham vs Riju.K.C regarding mandatory injunction, permanent prohibitory injunction, realization of arrears of license fee and for damages for use and occupation.