Case Summary
K. P. Abdurahiman filed a suit against Muhammed Illias. P. P for mandatory injunction and to recover arrears of license fee. The defendant failed to pay the license fee and did not vacate the premises despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property within one month and pay the plaintiff ₹52,500 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the property and pay the plaintiff arrears of ₹52,500 along with interest.
Why Plaintiff Won:
The unchallenged oral testimony of the plaintiff and the produced evidence proved the case of the plaintiff.
The unchallenged oral testimony of the plaintiff and the produced evidence proved the case of the plaintiff.
Losing Side's Weaknesses:
The unchallenged oral testimony of the plaintiff and the produced evidence proved the case of the plaintiff.
The unchallenged oral testimony of the plaintiff and the produced evidence proved the case of the plaintiff.
Supporting Evidence
The unchallenged oral testimony of the PW1 coupled with exhibit A1 series and A2 document proves the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendant is hereby directed to vacate the plaint schedule property within one month today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. P. Abdurahiman
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Illias. P. P
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent to defendant, Postal receipts, Postal acknowledgment card, Licence agreement executed between plaintiff and defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. K. V. Reetha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Muhammed Illias
- 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 hereby directed to vacate the plaint schedule property within one month today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay Rs.52,500/- to the plaintiff with interest.
Evidence:
The defendant shall pay Rs.52,500/-(Rupees fifty two thousand five hundred only) to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall be entitled to realize Rs.1,500/- per month from the defendant.
Evidence:
The plaintiff shall also be entitled to realise Rs 1,500/- per month from the defendant from 01.01.2021 till the date of actual surrender of the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay the costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice was sent to the defendant calling for payment of the arrears of license fee.
Reference:
Ext.A1 series
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The license agreement executed between the parties establishes the terms of the license for using the property.
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 License Fee
Case Code
Case between K. P. Abdurahiman vs Muhammed Illias. P. P regarding mandatory injunction and realisation of arrears of license fee.
Case Code Year
Case between K. P. Abdurahiman vs Muhammed Illias. P. P regarding mandatory injunction and realisation of arrears of license fee.