Case Summary
The plaintiff, Ashwin E, filed a suit against the defendant, Muhammed Ramshid KK, seeking a mandatory injunction and arrears of licence fees related to a room that the defendant occupied. The plaintiff asserts that the defendant has defaulted on the payment of the licence fee and seeks recovery of the dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to vacate the plaint schedule room and pay a sum of Rs. 1,30,200/- towards arrears of licence fee.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the room and pay the outstanding licence fee. The counterclaim by the defendant was dismissed.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff was sufficient to entitle him to the reliefs requested.
The unchallenged evidence of the plaintiff was sufficient to entitle him to the reliefs requested.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff was sufficient to entitle him to the reliefs requested.
The unchallenged evidence of the plaintiff was sufficient to entitle him to the reliefs requested.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 and A2 would show that the petitioner is entitled to the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed to vacate from the plaint schedule room after taking his belongings within a period of two months from today. 2) The defendant is directed to pay a sum of Rs. 1,30,200/- towards arrears of licence fee for the use and occupation of the plaint schedule room.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashwin E
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Ramshid KK
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original licence agreement dated 04.06.2020, Building tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anil Viswanath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate from the plaint schedule room after taking his belongings within a period of two months.
Evidence:
The defendant is directed to vacate from the plaint schedule room after taking his belongings within a period of two months from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay a sum of Rs. 1,30,200/- towards arrears of licence fee for the use and occupation of the plaint schedule room.
Evidence:
The defendant is directed to pay a sum of Rs. 1,30,200/- towards arrears of licence fee for the use and occupation of the plaint schedule room.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit.
Evidence:
The plaintiff is entitled to realise the costs of the suit.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The counterclaim raised by the defendant is dismissed for default.
Evidence:
The counterclaim raised by the defendant is dismissed for default.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the original licence agreement between the plaintiff and defendant regarding the usage of the plaint schedule room.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is a copy of the tax receipt issued by Kozhikode Municipal Corporation in favor of the plaintiff and others.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Ashwin E vs Muhammed Ramshid KK regarding mandatory injunction and arrears of licence fee
Case Code Year
Case between Ashwin E vs Muhammed Ramshid KK regarding mandatory injunction and arrears of licence fee
Case Flags
Cheque-Related Case
Nature of Cheque Case
Financial liability - dishonoured cheque