Case Summary
Plaintiff filed suit seeking mandatory injunction to vacate a rented room and pay damages for use and occupation against the defendant who remained ex parte during proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partial decree - Mandatory injunction to vacate the room
Case Type
Civil Suit - Mandatory Injunction, Damages
Final Judgment
No
The suit is partly decreed directing the defendant to vacate the room within two months and pay the cost of the suit to the plaintiff.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Judgment Evidence:
In the result, the suit is partly decreed as follows; 1) The defendant is directed by a mandatory injunction to vacate the plaint schedule room within a period of two months from today. 2) The defendant is directed to pay the cost of suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thattarakkal Moideenkutty
- Party Age
- 55
- Relation
- S/o Alikkanakath Beerankutty Haji
- Party Role
- Plaintiff
- Party Name
- Meharoof
- Party Age
- 36
- Relation
- S/o Saidalavi, Power of Attorney holder
- Party Role
- Defendant
- Party Name
- Chandrasekharan
- Party Age
- 60
- Relation
- S/o Sekharan Nair
Plaintiffs Documents
Copy of Registered Lawyer Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vipin Chandrasekhar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Direction to vacate the room within two months
Evidence:
In the result, the suit is partly decreed as follows; 1) The defendant is directed by a mandatory injunction to vacate the plaint schedule room within a period of two months from today.
Relief Type:
Damages
Outcome:
Not Decided
Description:
Claim for damages for use and occupation
Evidence:
Nothing is specified in the plaint with regards to the date of agreement in order to know the duration of the occupation by the defendant.
Documents & Evidence
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant terminating the tenancy
Reference:
A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending lawyer notice
Reference:
A1(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice
Reference:
A1(c)
Case Classification
Case Type
Civil Suit - Mandatory Injunction, Damages
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Dispute over tenancy agreement
Case Code
Case between Thattarakkal Moideenkutty vs Chandrasekharan regarding tenancy dispute
Case Code Year
Case between Thattarakkal Moideenkutty vs Chandrasekharan regarding tenancy dispute