Case Summary
C.P.Sankaran filed a suit against Maj Health Care Services LLP and Jaisson Varghese for mandatory injunction and damages due to non-payment of license fees for a shoproom. The defendant failed to vacate the premises despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to quit premises and payment of damages.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the premises and pay damages for the delay. The plaintiff is also entitled to recover costs.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff's power of attorney holder proved the case.
The unchallenged evidence of the plaintiff's power of attorney holder proved the case.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff's power of attorney holder proved the case.
The unchallenged evidence of the plaintiff's power of attorney holder proved the case.
Supporting Evidence
The unchallenged evidence of PW1 coupled with Ext.A1 series would prove the case of the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed by a decree of mandatory injunction to quit from the plaint schedule premises. 2) The defendant is directed to pay an amount of Rs.15,000/- (Rupees fifteen thousand only) per month as damages till he quits from the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.P.Sankaran
- Party Age
- 84
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Maj Health Care Services LLP
- Relation
- Rep. by
- Party Role
- Defendant
- Party Name
- Jaisson Varghese
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice dated 14.09.2021, Postal Receipts, Postal acknowledgment Card, Undelivered cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Haneef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to quit from the plaint schedule premises.
Evidence:
The defendant is directed by a decree of mandatory injunction to quit from the plaint schedule premises.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs.15,000/- per month as damages until he quits the property.
Evidence:
The defendant is directed to pay an amount of Rs.15,000/- (Rupees fifteen thousand only) per month as damages till he quits from the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The court considered the lawyer notice issued to the defendant for non-payment of arrears and for vacating the premises.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Included as part of the evidence to support the claims made.
Reference:
Ext.A1(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Included as evidence showing the defendant’s receipt of communication.
Reference:
Ext.A1(b)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Part of the evidence demonstrating the attempts to notify the defendant.
Reference:
Ext.A1(c)
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 C.P.Sankaran vs Maj Health Care Services LLP et al regarding mandatory injunction and damages.
Case Code Year
Case between C.P.Sankaran vs Maj Health Care Services LLP et al regarding mandatory injunction and damages.