Case Summary
Dr. Afsa Ahammed filed a suit against Rasik Ali.P.T for mandatory injunction and damages due to non-payment of dues related to a licensed property. The plaintiff sought relief after the defendant failed to vacate the property despite the termination of the license.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to remove belongings, restrained from using property, and ordered to pay damages and licence fee arrears.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the property and pay damages for unauthorized use and arrears.
Why Plaintiff Won:
The plaintiff proved their case regarding the defendant's unauthorized use and non-payment.
The plaintiff proved their case regarding the defendant's unauthorized use and non-payment.
Losing Side's Weaknesses:
The plaintiff proved their case regarding the defendant's unauthorized use and non-payment.
The plaintiff proved their case regarding the defendant's unauthorized use and non-payment.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and 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 remove all his belongings from the plaint schedule property within a period of one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Afsa Ahammed
- Party Age
- 39
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rasik Ali.P.T
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Licence Agreement executed between plaintiffs and defendant, Copy of lawyer notice sent by plaintiffs Counsel, Postal Receipt, Postal acknowledgment Card, Building Tax Receipt, Original Power of attorney signed by plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Noorjahan C.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to remove all his belongings from the plaint schedule property.
Evidence:
The defendant is directed by a decree of mandatory injunction to remove all his belongings from the plaint schedule property within a period of one month from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from using the plaint schedule property.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from using the plaint schedule property.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay Rs.25,000/- per month as damages for unauthorised use.
Evidence:
The defendant is directed to pay Rs.25,000/- (Rupees twenty five thousand only) per month as damages for the unauthorised use and occupation of plaint schedule property from 05.07.2022 till he vacates from the property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.1,22,000/- as licence fee arrears and Rs.29,273/- for electricity bill.
Evidence:
The defendant is directed to pay Rs.1,22,000/- (Rupees one lakh twenty two thousand only) as licence fee arrears and Rs.29,273/- (Rupees twenty nine thousand two hundred and seventy three only) as electricity bill that was paid by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Executed between plaintiffs and defendant regarding the licence of the property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by plaintiff's Counsel.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card related to the lawyer notice.
Reference:
Ext.A2(b)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing payment of building tax.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney signed by the plaintiff.
Reference:
Ext.A4
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 Dr. Afsa Ahammed vs Rasik Ali.P.T regarding mandatory injunction and damages
Case Code Year
Case between Dr. Afsa Ahammed vs Rasik Ali.P.T regarding mandatory injunction and damages