Case Summary
The plaintiff, Anjuman Hami-E-Muslimeen of Bhatkal, is seeking a mandatory injunction directing the defendant to vacate the plaint schedule property and for the recovery of arrears of license fee. The defendant, M/s.Jelitta Publicity, failed to vacate the premises after the license agreement expired and has outstanding dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and payment of Rs 4,89,982.80 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must vacate the plaint schedule property and pay the plaintiff Rs 4,89,982.80 with interest for the arrears of license fee.
Why Plaintiff Won:
The plaintiff successfully proved ownership of the property and compliance with legal requirements under the license agreement.
The plaintiff successfully proved ownership of the property and compliance with legal requirements under the license agreement.
Losing Side's Weaknesses:
The plaintiff successfully proved ownership of the property and compliance with legal requirements under the license agreement.
The plaintiff successfully proved ownership of the property and compliance with legal requirements under the license agreement.
Supporting Evidence
The evidence of the PW1 remains unrebutted, entitling the plaintiff organization to a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby directed to remove his goods and articles from the plaint schedule property and vacate the same within 30 days from the date of this decree. 2. The defendant is directed to pay Rs 4,89,982.80 to the plaintiff with interest at the rate of 9 per cent from the date of suit till date of decree and interest at 6 per cent from the date of decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anjuman Hami-E-Muslimeen of Bhatkal
- Party Role
- Defendant
- Party Name
- M/s.Jelitta Publicity
Plaintiffs Documents
Photocopy of the license agreement, lawyer notice, postal receipt, acknowledgment card, reply notice, resolution of Anjuman Hami-E-Muslimeen.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anirudh.N.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction to the defendant to vacate the plaint schedule property.
Evidence:
The defendant is hereby directed to remove his goods and articles from the plaint schedule property and vacate the same within 30 days from the date of this decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Payment of arrears of license fee and damages for use and occupation.
Evidence:
The defendant is directed to pay Rs 4,89,982.80 to the plaintiff with interest at the rate of 9 per cent from the date of suit till date of decree.
Relief Type:
Damages
Outcome:
Granted
Description:
Entitlement to realize damages for use and occupation.
Evidence:
The plaintiff shall be entitled to realise Rs 17320 per month from the defendant as damages for use and occupation from the date of decree till the date of surrender of plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Payment of costs of the proceedings to the plaintiff.
Evidence:
The defendant is directed to pay the costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of the license agreement executed between plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant calling upon to vacate the plaint schedule property.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the receipt of notice.
Reference:
Ext.A2(b)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice to plaintiff from the defendant.
Reference:
Ext.A3
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution of Anjuman Hami-E-Muslimeen, Bhatkal authorizing the representative.
Reference:
Ext.A4
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 Anjuman Hami-E-Muslimeen of Bhatkal vs M/s.Jelitta Publicity regarding mandatory injunction and arrears of license fee
Case Code Year
Case between Anjuman Hami-E-Muslimeen of Bhatkal vs M/s.Jelitta Publicity regarding mandatory injunction and arrears of license fee