Case Summary
The Calicut Co-operative House, Construction Society Limited filed a suit for mandatory injunction against Mohandas. K for failing to vacate a shop room despite the termination of the license. The plaintiff claims arrears of license fee and damages for unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay 1,52,058/- towards arrears, compensation for unauthorized occupation, and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay the outstanding arrears and affirming the plaintiff’s right to possession. The defendant is also directed to pay compensation for unauthorized occupation.
Why Plaintiff Won:
The defendant defaulted on payment and continued unauthorized occupation despite the termination of the license.
The defendant defaulted on payment and continued unauthorized occupation despite the termination of the license.
Losing Side's Weaknesses:
The defendant defaulted on payment and continued unauthorized occupation despite the termination of the license.
The defendant defaulted on payment and continued unauthorized occupation despite the termination of the license.
Supporting Evidence
The evidence deposed by the plaintiff is not challenged by the defendant in cross-examination. The plaintiff contented that the defendant is also liable to pay compensation for the unauthorised occupation.
Judgment Evidence:
In the result, the suit is declared as follows: 1.The defendant is directed to pay 1,52,058/- (Rupees One Lakh Fifty Two Thousand And Fifty Eight Only) from May 2021 to December 2021. 2.The defendant is also directed to pay 12,400/- (Rupees Twelve Thousand And Four Hundred Only) per month as compensation for the unauthorized occupation of the plaint schedule shop room from 01.01.2021 to 01.12.2025 with an interest at rate of 8% per month on payment of court fee. 3.Defendant shall pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Calicut Co-operative House, Construction Society Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mohandas. K
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
A1 06.07.2018 Deed of License executed between Plaintiff and Defendant, A2 05.11.2020 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
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
The plaintiff sought a decree of mandatory injunction directing the defendant to vacate the shop room.
Evidence:
The plaintiff got vacant possession of the building as per the statement on 01.12.2025.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay 1,52,058/- towards arrears of license fee.
Evidence:
The defendant is directed to pay 1,52,058/- (Rupees One Lakh Fifty Two Thousand And Fifty Eight Only) from May 2021 to December 2021.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is to pay 12,400/- per month as compensation for unauthorized occupation.
Evidence:
The defendant is also directed to pay 12,400/- (Rupees Twelve Thousand And Four Hundred Only) per month as compensation for the unauthorised occupation.
Relief Type:
Other
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:
This document is the agreement executed on 06.07.2018 between the plaintiff and defendant outlining the license arrangement.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff terminating the license and demanding vacant possession.
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 Mohandas. K regarding mandatory injunction
Case Code Year
Case between The Calicut Co-operative House, Construction Society Limited vs Mohandas. K regarding mandatory injunction