Case Summary
Kozhikode District Co-operative Bank Limited is the plaintiff seeking a mandatory injunction for the defendant to vacate property leased for business, while the defendant alleges false claims. The suit arises after the defendant failed to vacate the property despite requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and pay monthly damages.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the property and pay damages.
Why Plaintiff Won:
Evidence of the plaintiff remained unchallenged and established the entitlement to relief.
Evidence of the plaintiff remained unchallenged and established the entitlement to relief.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 coupled with Exts.A1 to A9 remains unchallenged. Hence, the plaintiff is entitled to get a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed by way of mandatory injunction to surrender vacant possession of plaint schedule property to the plaintiff within one month from today. 2) Defendant is directed to pay Rs.10,000/- (Rupees ten thousand only) per month as damages for the use and occupation of plaint schedule property till he vacates from the property. 3) The plaintiff is also entitled to recover costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kozhikode District Co-operative Bank Limited
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- K.P.Ajayakumar
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- C.Abdul Mujeeb
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Nazar.P
- Relation
- S/o
Plaintiffs Documents
Lease agreement between plaintiff firm and defendant, lawyer notices, reply notices, postal acknowledgment card and receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Deepu.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to surrender vacant possession of the plaint schedule property.
Evidence:
The defendant is directed by way of mandatory injunction to surrender vacant possession of plaint schedule property to the plaintiff within one month from today.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay damages for use and occupation of the plaint schedule property.
Evidence:
Defendant is directed to pay Rs.10,000/- (Rupees ten thousand only) per month as damages for the use and occupation of plaint schedule property till he vacates from the property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to recover costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement establishes the terms under which the defendant occupied the plaint schedule property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This lawyer notice was issued to the defendant demanding vacant possession of the property.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice from the defendant's advocate contains the defendant's response to the lawyer notice.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another lawyer notice issued to the defendant regarding possession of the property.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is another reply notice sent by the defendant’s advocate in response to the lawyer notice.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A copy of yet another lawyer notice issued to the defendant.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
The postal acknowledgment card received in relation to the notices sent.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt related to the notices sent to the defendant.
Reference:
Ext.A8
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
The resolution from the part-time administration of the bank relevant to the case.
Reference:
Ext.A9
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 Kozhikode District Co-operative Bank Limited et al vs Abdul Nazar.P regarding mandatory injunction and damages.
Case Code Year
Case between Kozhikode District Co-operative Bank Limited et al vs Abdul Nazar.P regarding mandatory injunction and damages.