Case Summary
The plaintiff, Kanhirath Kandi Raju, is seeking a mandatory injunction to vacate the plaint schedule property and to recover arrears of license fee from the defendant, Oruvin Kundil Meera. The defendant had failed to pay the agreed license fees, leading to the termination of their license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to remove his goods and articles from the plaint schedule property and vacate the same within 30 days from the date of this decree. The defendant is directed to pay Rs.24,600/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till realization. The plaintiff shall be entitled to realize Rs.14,000/- per month from the defendant as damages for use and occupation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the property and pay the plaintiff a sum of Rs.24,600/- along with interest and monthly damages until the property is surrendered.
Why Plaintiff Won:
The plaintiff proved that the defendant failed to pay the license fee, justifying the termination of the license agreement.
The plaintiff proved that the defendant failed to pay the license fee, justifying the termination of the license agreement.
Losing Side's Weaknesses:
The plaintiff proved that the defendant failed to pay the license fee, justifying the termination of the license agreement.
The plaintiff proved that the defendant failed to pay the license fee, justifying the termination of the license agreement.
Supporting Evidence
The evidence of the PW1 remains unrebutted, entitling the plaintiff organization to a decree as sought for. The plaintiff has proved that the defendant was permitted to use the plaint schedule property on the basis of the license agreement and that due to non-payment of license fee, the license agreement has been terminated.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby directed to remove his goods and articles from the plaint schedule property and vacate the same within 30 days from the date of this decree. 2. The defendant is directed to pay Rs.24,600/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till realization. 3. The plaintiff shall be entitled to realize Rs.14,000/- per month from the defendant as damages for use and occupation from the date of decree till the date of surrender of plaint schedule property on payment of court fee under section 23 (c) of the Kerala Court Fees and Suits Valuation Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kanhirath Kandi Raju
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Oruvin Kundil Meera
- Party Age
- 35
- Relation
- D/o
Plaintiffs Documents
Original license agreement executed between Plaintiff and defendant, Copy of lawyer notice, Unclaimed notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ann Mariya Gimmi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to vacate the plaint schedule property
Evidence:
The defendant is hereby directed to remove his goods and articles from the plaint schedule property and vacate the same within 30 days from the date of this decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
For payment of Rs.24,600/- with interest to the plaintiff
Evidence:
The defendant is directed to pay Rs.24,600/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
For continued use and occupation at Rs.14,000/- per month
Evidence:
The plaintiff shall be entitled to realise Rs.14,000/- per month from the defendant as damages for use and occupation from the date of decree till the date of surrender of plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the proceedings are to be paid to the plaintiff
Evidence:
The defendant is directed to pay the costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Original license agreement executed between Plaintiff and defendant
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 20.07.2024
Reference:
Ext.A2
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Unclaimed notice regarding termination of the license agreement
Reference:
Ext.A3
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 Kanhirath Kandi Raju vs Oruvin Kundil Meera regarding mandatory injunction and arrears of license fee
Case Code Year
Case between Kanhirath Kandi Raju vs Oruvin Kundil Meera regarding mandatory injunction and arrears of license fee