Case Summary
The case involves Kozhikode District Co-operative Bank Limited and Hareesh Kumar.T.P. The plaintiff is seeking a mandatory injunction and damages due to the defendant's failure to vacate leased property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender vacant possession of plaint schedule property and pay Rs.10,000/- per month as damages.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to vacate the property and pay damages.
Why Plaintiff Won:
The evidence of the plaintiff remained unchallenged.
The evidence of the plaintiff remained unchallenged.
Losing Side's Weaknesses:
The evidence of the plaintiff remained unchallenged.
The evidence of the plaintiff remained unchallenged.
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) The defendant is directed to pay Rs.10,000/- (Rupees ten thousand only) per month as damages for 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
- Rep by General Manager Incharge.K.P.Ajayakumar
- Party Role
- Defendant
- Party Name
- Hareesh Kumar.T.P
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Lease agreement between plaintiff firm and defendant, Copy of lawyer notice, Reply Notice, Copy of lawyer notice, Copy of Reply notice, Copy of lawyer notice, Postal Receipt, Postal acknowledgment Card, Resolution No.3 of part time administration of the Bank.
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
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to surrender vacant possession of the plaint schedule property to the plaintiff.
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:
The defendant is directed to pay Rs.10,000/- (Rupees ten thousand only) per month as damages for use and occupation of plaint schedule property till he vacates from the property.
Relief Type:
Other
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:
Document evidencing the lease agreement between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued by the plaintiff.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The response from the defendant to the lawyer notice.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another lawyer notice issued by the plaintiff.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The second response from the defendant.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of another lawyer notice issued by the plaintiff.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the documentation.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment for the postal communication.
Reference:
Ext.A8
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution No.3 regarding part-time administration of the Bank.
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
Recovery of Possession
Case Code
Case between Kozhikode District Co-operative Bank Limited et al vs Hareesh Kumar.T.P regarding mandatory injunction and damages
Case Code Year
Case between Kozhikode District Co-operative Bank Limited et al vs Hareesh Kumar.T.P regarding mandatory injunction and damages