Case Summary
Plaintiff filed suit seeking eviction of defendant for non-payment of license fee and damages for use and occupation of property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Rent arrears with 6% interest
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
The suit was partly decreed ordering the defendant to pay rent arrears with interest while dismissing the eviction and damages claims.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Protective tenant status, lack of licensee agreement, existence of landlord-tenant relationship.
Protective tenant status, lack of licensee agreement, existence of landlord-tenant relationship.
Supporting Evidence
Reason not clearly mentioned
Judgment Evidence:
Court granted rent arrears with interest while dismissing eviction and damages claim.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kaderkutty @ Bappu
- Party Age
- 53
- Relation
- S/o. Kunhalikutty
- Party Role
- Defendant
- Party Name
- Velakkadan Siraj
- Party Age
- 35
- Relation
- S/o. Siddique
Plaintiffs Documents
Lawyer Notice with Postal receipt and acknowledgment, License Agreement
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Rent Arrears
Outcome:
Granted
Description:
Defendant directed to pay rent arrears with 6% interest
Evidence:
The defendant is directed to pay an amount of Rs.9,000/- with 6% interest towards the rent arrears till the date of realization.
Relief Type:
Eviction
Outcome:
Not Decided
Description:
Eviction of defendant from the premises
Evidence:
Not mentioned
Relief Type:
Damages for Use and Occupation
Outcome:
Not Decided
Description:
Claim for damages for use and occupation
Evidence:
Not mentioned
Documents & Evidence
Document Type:
Lawyer Notice with Postal receipt and acknowledgment
Submitted By:
Plaintiff
Relevance:
Intimated defendant to vacate the property
Reference:
A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Documented terms of licensee agreement
Reference:
A2
Case Classification
Case Type
Civil Suit - Mandatory Injunction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-Payment of License Fee
Case Code
Case between Kaderkutty vs Siraj regarding eviction and licence fee
Case Code Year
Case between Kaderkutty vs Siraj regarding eviction and licence fee