Case Summary
The plaintiff, a registered society, seeks a mandatory injunction against the defendant for failing to vacate a premises. The defendant has significant arrears in license fees and has been directed to vacate the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the premises, payment of Rs. 4,60,000 towards arrears, and Rs. 1,20,000 for damages.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting the mandatory injunction and ordering the defendant to vacate the premises, alongside payments for due license fees and damages.
Why Plaintiff Won:
The plaintiff provided evidence of the defendant's non-compliance with payment agreements.
The plaintiff provided evidence of the defendant's non-compliance with payment agreements.
Losing Side's Weaknesses:
The plaintiff provided evidence of the defendant's non-compliance with payment agreements.
The plaintiff provided evidence of the defendant's non-compliance with payment agreements.
Supporting Evidence
The plaintiff society has passed a resolution authorizing its President to represent it in this case. The evidence of PW1 was unchallenged, establishing the plaintiff's need for the premises.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed by a mandatory injunction to vacate the plaint schedule building within one month from today...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kasthurba Mahila Samajam
- Party Role
- Defendant
- Party Name
- Dhanyasree K.
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Certificate of Registration of the plaintiff society, Memorandum of Association, Rules & Regulations of the Kasthurba Mahila Samaj, Minutes of the General Body meeting, Legal notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Srinath Girish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate the plaint schedule building.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule building within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is liable to pay arrears of license fee.
Evidence:
The defendant is liable to pay arrears of license fee for a tune of Rs.4,60,000/- (Rupees four lakhs sixty thousand only) towards arrears of license fee till January 2024.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is liable to pay damages for unlawful use and occupation.
Evidence:
The defendant is liable to pay a sum of Rs.1,20,000/- (Rupees one lakh twenty thousand only) towards the damages for use and occupation of the premises.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is liable to pay damages for use and occupation from the date of the suit till she vacates the premises.
Evidence:
The defendant is liable to pay to the plaintiff damages for use and occupation at the rate of Rs.20,000/- per month from the date of the above suit till she quits and vacates the plaint schedule premises.
Documents & Evidence
Document Type:
Certified copy of the Certificate of Registration of the plaintiff society
Submitted By:
Plaintiff
Relevance:
This document establishes the legal existence of the plaintiff society.
Reference:
Ext.A1
Document Type:
Certified copy of the Memorandum of Association of the plaintiff society
Submitted By:
Plaintiff
Relevance:
This document outlines the objectives and regulations governing the plaintiff society.
Reference:
Ext.A2
Document Type:
Certified copy of the Rules & Regulations of the Kasthurba Mahila Samaj, Kozhikode
Submitted By:
Plaintiff
Relevance:
This document provides the rules and operational framework for the plaintiff society.
Reference:
Ext.A3
Document Type:
Certified extract of the minutes of the General Body meeting of the Kasthurba Mahila Samaj
Submitted By:
Plaintiff
Relevance:
This document shows the resolution authorizing Arangil Kamala Raghunath to represent the society in this case.
Reference:
Ext.A4
Document Type:
True copy of the legal notice issued by Adv. T. C. Vijaya Lakshmi
Submitted By:
Plaintiff
Relevance:
This notice details the demand for arrears of license fee from the defendant.
Reference:
Ext.A5
Document Type:
True copy of the legal notice issued by Adv. Srinath Girish
Submitted By:
Plaintiff
Relevance:
This notice serves as a second demand for the defendant to vacate the premises.
Reference:
Ext.A6
Document Type:
Reply notice issued by Adv. G. Manoharlal
Submitted By:
Plaintiff
Relevance:
This document represents the defendant's response to the previous legal notice.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Kasthurba Mahila Samajam vs Dhanyasree K. regarding mandatory injunction
Case Code Year
Case between Kasthurba Mahila Samajam vs Dhanyasree K. regarding mandatory injunction