Case Summary
The plaintiffs, Kunnoth Firdous and Kunnoth Faizal, seek a mandatory injunction against the defendant, T Abdul Karim, for failing to pay license fees and vacate the property. The court hears the case as the defendant remains ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to vacate the property, pay ₹34,000 towards arrears of license fees, and ₹5,000 per month for illegal usage.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must vacate the property and pay back due license fees and penalties for illegal usage.
Why Plaintiff Won:
The evidence presented by the plaintiffs substantiated their claim for a mandatory injunction and license fee arrears.
The evidence presented by the plaintiffs substantiated their claim for a mandatory injunction and license fee arrears.
Losing Side's Weaknesses:
The evidence presented by the plaintiffs substantiated their claim for a mandatory injunction and license fee arrears.
The evidence presented by the plaintiffs substantiated their claim for a mandatory injunction and license fee arrears.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 and A2 would show that the plaintiffs are entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed by a decree of mandatory injunction to vacate from the plaint schedule property by removing his articles within a period of 2 months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunnoth Firdous
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kunnoth Faizal
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T Abdul Karim
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
License agreement entered into between Firdous, Faizal and Abdul Karim, Copy of Registered Lawyer notice issued by Adv.KB Sahasranaman to Abdul Karim.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.KB Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Hussain KM
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Arya AV
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate from the plaint schedule property by removing his articles within a period of 2 months.
Evidence:
The defendant is directed by a decree of mandatory injunction to vacate from the plaint schedule property by removing his articles within a period of 2 months, failing which the plaintiffs can resort to the procedure known to law.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from entering into the plaint schedule property and from conducting any trade or business therein.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from entering into the plaint schedule property and from conducting any trade or business therein.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of ₹34,000 towards arrears of license fees.
Evidence:
The defendant is directed to pay an amount of 34,000/- towards arrears of license fees.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay ₹5,000 per month for the illegal usage of the plaint schedule property.
Evidence:
The defendant is directed to pay an amount of 5,000/- per month for the illegal usage of the plaint schedule property from the date of the suit till he vacates from it.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiffs are also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the basis for the plaintiffs' claim regarding the terms of the agreement allowing the defendant to use the plaint schedule property.
Reference:
Ext.A1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a legal notice served to the defendant terminating the license agreement due to non-payment of dues.
Reference:
Ext.A2
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 Kunnoth Firdous et al vs T Abdul Karim regarding mandatory injunction and arrears of license fees.
Case Code Year
Case between Kunnoth Firdous et al vs T Abdul Karim regarding mandatory injunction and arrears of license fees.