Case Summary
Hathikka KV, the plaintiff, filed a suit against Nisha, the defendant, seeking a mandatory injunction to vacate the property used for unauthorized occupation and compensation for damages. The plaintiff claims the defendant has overstayed the agreement terms, and the property is needed for a medical shop.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and pay ₹10,000 per month for unauthorized occupation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to vacate the property and to pay compensation for unauthorized use totaling ₹10,000 per month.
Why Plaintiff Won:
The court found the plaintiff's claims regarding the unauthorized use and the need for the property credible.
The court found the plaintiff's claims regarding the unauthorized use and the need for the property credible.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 supports that the defendant is still continuing usage of plaint schedule property in spite of receipt of notice showing the intention of PW1 terminating the license.
Judgment Evidence:
In the result, the suit is decreed as follows: a) The defendant is directed by a decree of mandatory injunction to vacate from the plaint schedule property and to remove all her belongings failing which the plaintiff is at liberty to execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hathikka KV
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nisha
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Shop licence agreement dated 30.03.2016, legal notice dated 22.12.2021.
Defendants Documents
Rent receipt for October 2022, various postal receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.MVP Abdul Majeed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abraham Kollinal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate the plaint schedule property.
Evidence:
The defendant is directed by a decree of mandatory injunction to vacate from the plaint schedule property.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay ₹10,000 per month for unauthorized use from 01.10.2021.
Evidence:
The defendant is directed to pay ₹10,000 per month for the unauthorized use and occupation of the plaint schedule property from 01.10.2021 till she vacates the property.
Relief Type:
Costs
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:
License Agreement
Submitted By:
Plaintiff
Relevance:
The court used Exhibit A1 to establish the terms under which the defendant was authorized to use the plaint schedule property.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The court referenced Exhibit A2 as the notice sent to the defendant demanding to vacate the plaint schedule property.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A3 was acknowledged for proof of the sent legal notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Exhibit A4 served as additional evidence for the service of the legal notice.
Reference:
Ext.A4
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
The court noted Exhibit B1 to discuss the payments made for the usage of the plaint schedule property.
Reference:
Ext.B1
Document Type:
Rent Postal Receipts
Submitted By:
Defendant
Relevance:
Exhibit B2 (series) was examined concerning rent payments made by the defendant.
Reference:
Ext.B2 (Series)
Document Type:
License Retention Letter
Submitted By:
Defendant
Relevance:
Exhibit B3 was discussed to show the defendant's authorization to run a medical shop.
Reference:
Ext.B3
Document Type:
Duplicate License
Submitted By:
Defendant
Relevance:
Exhibit B5 was relevant to the defendant's qualifications to operate a medical shop.
Reference:
Ext.B5
Document Type:
Building Certificate
Submitted By:
Court
Relevance:
The Building Certificate series supported the plaintiff’s arguments regarding property ownership.
Reference:
Ext.X1 (Series)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Hathikka KV vs Nisha regarding mandatory injunction and compensation.
Case Code Year
Case between Hathikka KV vs Nisha regarding mandatory injunction and compensation.