Case Summary
The plaintiff, Dr.Brijosh.K, seeks a mandatory injunction against the defendant, P.K.Gireesh, for failing to vacate a property after a licence agreement expired. The defendant has also not paid the required licence fees since June 2018, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and award of Rs.91,890/- as licence fee arrears.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendant to vacate the property within one month and granted the plaintiff Rs.91,890/- as licence fee arrears with interest.
Why Plaintiff Won:
The plaintiff established that the defendant had neglected to pay licence fees and continued to occupy the property without valid agreement.
The plaintiff established that the defendant had neglected to pay licence fees and continued to occupy the property without valid agreement.
Losing Side's Weaknesses:
The plaintiff established that the defendant had neglected to pay licence fees and continued to occupy the property without valid agreement.
The plaintiff established that the defendant had neglected to pay licence fees and continued to occupy the property without valid agreement.
Supporting Evidence
Considering the same, the plaintiff is entitled to get the reliefs as sought for. Hence, these issues are answered in favour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr.Brijosh.K
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.K.Gireesh
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
A1-12.01.2015-Licence agreement, A2-21.02.2019-Copy of lawyer notice
Defendants Documents
B1-13.12.2013-Copy of License agreement entered between plaintiff and defendant
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Muhammed Haneef
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Jayadeep
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate the plaint schedule property within one month.
Evidence:
The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property within one month from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff is entitled to a decree of permanent prohibitory injunction against the defendant from entering the plaint schedule property.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from entering into the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.91,890/- as licence fee arrears with interest.
Evidence:
The plaintiff is entitled to realise get Rs.91,890/- (Rupees ninety one thousand eight hundred and ninety only) as licence fee arrears with interest at 12% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the licence agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the defendant requesting him to vacate the property.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer notice by the defendant.
Reference:
Ext.A2(b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the defendant’s advocate.
Reference:
Ext.A3
Document Type:
Licence agreement
Submitted By:
Defendant
Relevance:
This is the copy of the licence agreement as claimed by the defendant.
Reference:
Ext.B1
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.Brijosh.K vs P.K.Gireesh regarding mandatory injunction and other connected reliefs.
Case Code Year
Case between Dr.Brijosh.K vs P.K.Gireesh regarding mandatory injunction and other connected reliefs.