Case Summary
The plaintiff, Kasthurba Mahila Samajam, is seeking a mandatory injunction to evict the defendant, Dhanyasree K., from the premises due to unpaid arrears of license fees. The defendant was absent in court, and the case proceeded ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the premises within one month, payment of arrears of license fee, and damages for use and occupation.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a mandatory injunction for the defendant to vacate the premises. The defendant is also liable to pay arrears and damages.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The evidence of PW1 and the documents produced by him remained unchallenged. As such I find that the plaintiff is entitled to a decree for mandatory injunction directing the defendant to vacate the plaint schedule 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
Certified copy of the Certificate of Registration of the plaintiff society, Certified copy of the Memorandum of Association of the plaintiff society, Certified copy of the Rules & Regulations of the Kasthurba Mahila Samaj, Kozhikode, Certified extract of the minutes of the General Body meeting of the Kasthurba Mahila Samaj, True copy of the legal notice issued to Dhanyasree.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Srinath Girish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to vacate the plaint schedule building within one month.
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:
To recover arrears of license fee amounting to Rs.4,60,000/-.
Evidence:
The defendant is liable to pay arrears of license fee for a tune of Rs.4,60,000/- towards arrears of license fee till January 2024.
Relief Type:
Damages
Outcome:
Granted
Description:
For damages for use and occupation of the premises.
Evidence:
The defendant is liable to pay a sum of Rs.1,20,000/- towards the damages for use and occupation of the premises at the rate of Rs.20,000/- per month.
Relief Type:
Other
Outcome:
Granted
Description:
For costs of the suit.
Evidence:
Plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Certified copy of the Certificate of registration
Submitted By:
Plaintiff
Relevance:
To establish the legal status and registration of the plaintiff society.
Reference:
Ext.A1
Document Type:
Certified copy of the Memorandum of Association
Submitted By:
Plaintiff
Relevance:
To outline the objectives and functioning of the plaintiff society.
Reference:
Ext.A2
Document Type:
Certified copy of the Rules & Regulations
Submitted By:
Plaintiff
Relevance:
To provide details of the governing rules for the plaintiff society.
Reference:
Ext.A3
Document Type:
Certified extract of the minutes of the General Body meeting
Submitted By:
Plaintiff
Relevance:
To demonstrate the society's resolution authorizing representation in the suit.
Reference:
Ext.A4
Document Type:
True copy of the Legal Notice
Submitted By:
Plaintiff
Relevance:
To substantiate the demand for payment of arrears of license fee to the defendant.
Reference:
Ext.A5
Document Type:
True copy of the Legal Notice
Submitted By:
Plaintiff
Relevance:
To document the formal demand for payment and termination of the license.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
To provide evidence of correspondence with the defendant's advocate.
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