Case Summary
The plaintiff, Beeran Kutty, is seeking a mandatory injunction to evict the defendant, S. Sunil Kumar, from the property due to non-payment of license fees and damages for unauthorized occupation. The defendant was declared ex parte as he did not file a written statement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property, Rs.16,000 as arrears of license fee, and damages of Rs.2,000 per month for unauthorized use.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, ordering the defendant to vacate the property and pay arrears as well as damages.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proves the case.
The unchallenged evidence of the plaintiff proves the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of the plaintiff proves the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: - 1. Defendant is directed by way of mandatory injunction to vacate the plaint schedule property and put plaintiff in possession of the said property within two months from this date...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beeran Kutty
- Party Age
- 65
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- S. Sunil Kumar
- Party Age
- 53
- Relation
- S/o.
Plaintiffs Documents
Lawyer notice issued terminating the license arrangement, postal receipt, acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Faisal.P. Mukkam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G. Manohar lal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Pratheesh.A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule property and put plaintiff in possession of the said property within two months.
Evidence:
Defendant is directed by way of mandatory injunction to vacate the plaint schedule property and put plaintiff in possession of the said property within two months from this date, failing which plaintiff can get the defendant evicted from the said property through the process of this court at the costs of the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise Rs.16,000/- as arrears of license fee together with 9% interest per annum till realisation.
Evidence:
Plaintiff is allowed to realise Rs.16,000/- (Rupees Sixteen Thousand Only) as arrears of license fee together with 9% interest per annum till realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise Rs.2,000/- per month as damages for unauthorized use and occupation from 1/7/2022 together with 9% interest.
Evidence:
Plaintiff is allowed to realise Rs.2,000/- (Rupees Two Thousand Only) per month as damages for the unauthorized use and occupation from 1/7/2022 together with 9% interest till date of vacating.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to terminate the license arrangement, and its postal receipt and acknowledgment card show it was received by the defendant.
Reference:
Ext.A1 series
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 Beeran Kutty vs S. Sunil Kumar regarding mandatory injunction and arrears of licence fee
Case Code Year
Case between Beeran Kutty vs S. Sunil Kumar regarding mandatory injunction and arrears of licence fee