Case Summary
Balan Nair, the plaintiff, is seeking a mandatory injunction against Shoukathali K.P., the defendant, for arrears of license fee and damages for illegal occupation. The case involves a dispute over a license agreement for a shop room.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to surrender premises, payment of arrears of license fee with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the premises and pay the arrears of license fee. The defendant was also restrained from entering the property.
Why Plaintiff Won:
The plaintiff successfully proved ownership and the terms of the license agreement.
The plaintiff successfully proved ownership and the terms of the license agreement.
Losing Side's Weaknesses:
The plaintiff successfully proved ownership and the terms of the license agreement.
The plaintiff successfully proved ownership and the terms of the license agreement.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unrebutted. As such I find that the plaintiff has succeeded to prove his case and therefore, he is entitled to a decree as prayed for.
Judgment Evidence:
In the result the suit is decreed as follows. 1) The defendant is directed by a decree of mandatory injunction to surrender the vacant possession of the plaint schedule premises within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Balan Nair
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shoukathali K.P.
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Copy of license agreement entered into between Balan Nair and Shoukathali, Copy of lawyer notice sent by Adv. Sasikumar K.M. to shoukathali, Postal receipts, Postal acknowledgment card, Undelivered Postal cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Janil John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sasikumar K.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to surrender the vacant possession of the plaint schedule premises.
Evidence:
The defendant is directed by a decree of mandatory injunction to surrender the vacant possession of the plaint schedule premises within one month from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from entering into the plaint schedule property.
Evidence:
The defendant is restrained by way of permanent prohibitory injunction from entering into the plaint schedule property.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant shall pay a sum of Rs.49,400/- along with interest towards arrears of license fee.
Evidence:
The defendant shall pay a sum of Rs.49,400/- with 12% interest from 16.02.2021 to 30.01.2024...
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant shall pay Rs.2800/- per month till realisation towards damages for unlawful use.
Evidence:
The defendant shall pay Rs.2800/- per month from 31.01.2024 till realisation towards damages for the unlawful use and occupation of the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay the costs of the suit.
Evidence:
The defendant shall pay the costs of the suit.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the terms of the license agreement under which the defendant was occupying the property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice intimates the revocation of the license agreement and requests the defendant to vacate the premises.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice to the defendant.
Reference:
Ext.A2(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the notice by the defendant.
Reference:
Ext.A3
Document Type:
Undelivered Postal Cover
Submitted By:
Plaintiff
Relevance:
Document indicating that communication was sent to the defendant but not received.
Reference:
Ext.A4
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 Balan Nair vs Shoukathali K.P. regarding mandatory injunction and arrears of license fee
Case Code Year
Case between Balan Nair vs Shoukathali K.P. regarding mandatory injunction and arrears of license fee