Case Summary
The plaintiff, Alikkakath Ramla, is the owner of a shop room from which the defendant, Narayanan Kundupokkil, defaulted on license fees after a license agreement expired. The plaintiff seeks eviction and recovery of arrears due to this default.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to vacate the plaint schedule property within a month and pay Rs.3025/- per month as damages from 01.06.2020 until vacating.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a mandatory injunction for the defendant to vacate the premises and awarding damages for unauthorized occupation.
Why Plaintiff Won:
The court concluded that the relationship was that of a licensor-licensee, with the license agreement validly terminated.
The court concluded that the relationship was that of a licensor-licensee, with the license agreement validly terminated.
Losing Side's Weaknesses:
The court concluded that the relationship was that of a licensor-licensee, with the license agreement validly terminated.
The court concluded that the relationship was that of a licensor-licensee, with the license agreement validly terminated.
Supporting Evidence
The evidence of the PW1 is consistent with respect to the fact that the relationship between the plaintiff and the defendant is that of a licensor and a licensee.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That the defendant is hereby directed by way of a mandatory injunction to vacate plaint schedule property within a period of one month from today failing which the plaintiff can execute the order by the process of the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alikkakath Ramla
- Party Age
- 52
- Relation
- W/o.C.C.Abdul Saleem
- Party Role
- Defendant
- Party Name
- Narayanan Kundupokkil
- Party Age
- 75
- Relation
- S/o.Krishnan
Plaintiffs Documents
License agreement dated 07.08.2019, notice dated 03.04.2020, notice dated 30.05.2020.
Defendants Documents
Notice dated 04.05.2020, notice dated 03.04.2020, photocopy of license agreement dated 17.03.2020.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.P.M.Athira
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff is granted a mandatory injunction to vacate the plaint schedule property.
Evidence:
The defendant is hereby directed by way of a mandatory injunction to vacate plaint schedule property within a period of one month from today failing which the plaintiff can execute the order by the process of the court.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to receive Rs.3025/- per month as damages for use and occupation of the property from the defendant.
Evidence:
The plaintiff shall be entitled to realize Rs.3025/- per month as damages for use and occupation from the defendant from 01.06.2020 till the defendant vacates the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is directed to pay the costs of the suit to the plaintiff.
Evidence:
I find no reason to deviate from the same.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Document establishing the terms of occupation by the defendant.
Reference:
Ext.A1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice terminating the license agreement.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Another notice sent by the plaintiff to the defendant regarding vacating the premises.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice requesting the renewal of the agreement.
Reference:
Ext.B1
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice sent by defendant to plaintiff.
Reference:
Ext.B2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice previously sent by the plaintiff to the defendant.
Reference:
Ext.B3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff to the defendant.
Reference:
Ext.B4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice sent by the defendant to the plaintiff.
Reference:
Ext.B5
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice sent by the defendant to the plaintiff.
Reference:
Ext.B6
Document Type:
License Fee Receipt
Submitted By:
Defendant
Relevance:
Receipt for license fee paid by the defendant.
Reference:
Ext.B7
Document Type:
Professional tax receipt
Submitted By:
Defendant
Relevance:
Receipt for professional tax issued to the defendant.
Reference:
Ext.B8
Document Type:
License Agreement Copy
Submitted By:
Defendant
Relevance:
Photocopy of another license agreement related to the property.
Reference:
Ext.B9
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Alikkakath Ramla vs Narayanan Kundupokkil regarding mandatory injunction and recovery of license fee.
Case Code Year
Case between Alikkakath Ramla vs Narayanan Kundupokkil regarding mandatory injunction and recovery of license fee.