Case Summary
The Calicut Co-operative House Construction Society Ltd. filed a suit against Mohan Das K. The case revolves around an alleged default in payment of license fees for a shop room occupied by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹1,38,371/- and additional compensation for unauthorized occupation.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay the plaintiff a total amount of ₹1,38,371/- and additional compensation for unauthorized occupation.
Why Plaintiff Won:
The court found that the defendant defaulted in payment and continued unauthorized occupation despite notice.
The court found that the defendant defaulted in payment and continued unauthorized occupation despite notice.
Losing Side's Weaknesses:
The court found that the defendant defaulted in payment and continued unauthorized occupation despite notice.
The court found that the defendant defaulted in payment and continued unauthorized occupation despite notice.
Supporting Evidence
The evidence deposed by the plaintiff is not challenged in cross-examination. Therefore, in view of the unchallenged evidence before the court, it can be seen that the defendant is also liable to pay the compensation for the unauthorized occupation along with KGST till the plaintiff get the vacant possession of the building.
Judgment Evidence:
In the result, the suit is declared as follows: 1. The defendant is directed to pay 1,38,371/- from May 2021 to December 2021.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Calicut Co-operative House, Construction Society Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohan Das. K
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Deed of License executed between Plaintiff and Defendant, Copy of Lawyer Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.M. Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.Sivadasan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Sajna Mohammed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
The defendant is directed to pay ₹1,38,371/- and compensation for unauthorized occupation.
Evidence:
The suit is declared as follows: 1. The defendant is directed to pay 1,38,371/- from May 2021 to December 2021.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is also directed to pay ₹11,800/- as compensation for unauthorized occupation from January 2021 to December 2025.
Evidence:
The defendant is also directed to pay 11,800/- (Rupees Eleven Thousand And Eight Hundred Only) per month as compensation for the unauthorized occupation of the plaint schedule shop room from 01.01.2021 to 01.12.2025.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the suit to the plaintiff.
Evidence:
Defendant shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Deed of license
Submitted By:
Plaintiff
Relevance:
The court referenced the license agreement executed between the plaintiff and defendant to establish the nature of the arrangement and default in payment.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The court considered the notice issued by the plaintiff demanding vacant possession as part of the case.
Reference:
Ext.A2
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 The Calicut Co-operative House, Construction Society Limited vs Mohan Das. K regarding mandatory injunction
Case Code Year
Case between The Calicut Co-operative House, Construction Society Limited vs Mohan Das. K regarding mandatory injunction