Case Summary
A.T.Ummushereefa filed a suit against Drishya.K.T for a mandatory injunction. The plaintiff claims that the defendant has unlawfully retained the property after the expiry of a licence agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to stop usage of the property, payment of Rs.15,200 towards arrears and continuing damages.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, directing the defendant to stop using the property and vacate within one month, and pay arrears and damages to the plaintiff.
Why Plaintiff Won:
The plaintiff proved her case with unchallenged evidence and documentation.
The plaintiff proved her case with unchallenged evidence and documentation.
Losing Side's Weaknesses:
The plaintiff proved her case with unchallenged evidence and documentation.
The plaintiff proved her case with unchallenged evidence and documentation.
Supporting Evidence
I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows:- 1) Defendant is directed by way of mandatory injunction to stop usage of plaint schedule property and remove all her belongings within a period of one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.T.Ummushereefa
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Drishya.K.T
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Original Licence agreement executed between plaintiff and defendant, Copy of Lawyer notice, Postal Receipt, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.D.Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to stop usage of plaint schedule property and remove all her belongings within a period of one month.
Evidence:
Defendant is directed by way of mandatory injunction to stop usage of plaint schedule property and remove all her belongings within a period of one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay arrears of licence fee and damages for use and occupation.
Evidence:
Defendant is directed to pay Rs.15,200/- (Rupees fifteen thousand two hundred only) towards the arrears of licence fee from 01.01.2021 till 31.08.2021 and damages for use and occupation at Rs.2,327/- (Rupees two thousand three hundred and twenty seven only) per month from 01.09.2021 till she vacates from the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Original Licence agreement executed between plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer notice sent to the defendant.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal Receipt related to the lawyer notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment Card confirming receipt of the lawyer notice.
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 A.T.Ummushereefa vs Drishya.K.T regarding mandatory injunction
Case Code Year
Case between A.T.Ummushereefa vs Drishya.K.T regarding mandatory injunction