Case Summary
The plaintiffs, including Jameela and Shaijal, are seeking a mandatory injunction against the defendant, Biju.N.C, for failing to vacate the licensed premises and for unpaid license fees. The defendant did not appear in court, leading to a judgment against him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property and pay a total of Rs 99,750/- with interest as arrears of license fee and damages.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the premises and pay the plaintiffs arrears of license fee and damages.
Why Plaintiff Won:
The plaintiffs provided evidence of the license agreement and the defendant's failure to pay the required fees.
The plaintiffs provided evidence of the license agreement and the defendant's failure to pay the required fees.
Losing Side's Weaknesses:
The plaintiffs provided evidence of the license agreement and the defendant's failure to pay the required fees.
The plaintiffs provided evidence of the license agreement and the defendant's failure to pay the required fees.
Supporting Evidence
The PW1 has deposed that the defendant has kept license fee in arrears for 3 months. Hence, the license agreement has been terminated as per the exhibit A2 notice. Hence, the plaintiff is entitled to a decree of mandatory injunction as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows:- 1. Defendant is hereby directed by a decree of mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant. 2. The defendant shall pay Rs 62,250/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation as arrears of license fee.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jameela
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Shaijal
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sharmina
- Party Age
- 45
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ayishabi
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Biju.N.C
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 is the license agreement executed between the plaintiff and defendant dated 01.11.2024, Exhibit A2 is the office copy of the lawyer notice dated 16.06.2025 with postal receipt and acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.M.Subair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.P.Sameera
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.Aysha Misna
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to vacate the plaint schedule property.
Evidence:
Defendant is hereby directed by a decree of mandatory injunction to vacate the plaint schedule property within 45 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs 62,250/- as arrears of license fee.
Evidence:
The defendant shall pay Rs 62,250/- as arrears of license fee.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant shall pay Rs 37,500/- as damages for use and occupation.
Evidence:
The defendant shall pay Rs 37,500/- as damages for use and occupation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to Rs 25,000/- per month until property is surrendered.
Evidence:
The Plaintiff shall be entitled to realise Rs 25,000/- per month from date of suit till the date of surrender of plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Evidencing the licensee licensor relationship and terms for termination.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifying the defendant of license termination due to arrears.
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 Jameela et al vs Biju.N.C regarding mandatory injunction and realization of arrears of license fee and damages.
Case Code Year
Case between Jameela et al vs Biju.N.C regarding mandatory injunction and realization of arrears of license fee and damages.