Case Summary
M Joy Varghese filed a suit against Swetha Menon seeking a mandatory injunction to vacate the property and to recover arrears of license fees. The defendant failed to respond and was set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the property and pay ₹3,81,215 towards arrears of license fee.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the premises and pay the outstanding license fees.
Why Plaintiff Won:
Evidence presented by the plaintiff remained unchallenged.
Evidence presented by the plaintiff remained unchallenged.
Losing Side's Weaknesses:
Evidence presented by the plaintiff remained unchallenged.
Evidence presented by the plaintiff remained unchallenged.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 and A2 would show that the petitioner is entitled to the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. The defendant is directed by a decree of mandatory injunction to vacate from the plaint schedule property within a period of 2 months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M Joy Varghese
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Swetha Menon
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Original of license agreement between M Joy Varghese and Swetha Menon, Copy of lawyer notice issued by Adv.KB Sahasranaman to Swetha Menon with Postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.KB Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Hussain K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed by a decree of mandatory injunction to vacate from the plaint schedule property within a period of 2 months, failing which the petitioner can resort to the process known to law.
Evidence:
The defendant is directed by a decree of mandatory injunction to vacate from the plaint schedule property within a period of 2 months, failing which the petitioner can resort to the process known to law.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and her men are restrained by a decree of permanent prohibitory injunction from entering into the plaint schedule property.
Evidence:
The defendant and her men are restrained by a decree of permanent prohibitory injunction from entering into the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay a sum of 3,81,215/- towards arrears of licence fee to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Evidence:
The defendant is directed to pay a sum of 3,81,215/- towards arrears of licence fee to the plaintiff with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay an amount of 30,000/- per month as compensation for unauthorised and illegal use of the petition schedule property from the date of the suit until she vacates the property.
Evidence:
The defendant is directed to pay an amount of 30,000/- per month as compensation for unauthorised and illegal use of the petition schedule property from the date of the suit until she vacates the property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Original of license agreement entered into between M Joy Varghese and Swetha Menon
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued by Adv.KB Sahasranaman to Swetha Menon with Postal receipt
Reference:
Ext.A2
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover with acknowledgment card
Reference:
Ext.A3
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 M Joy Varghese vs Swetha Menon regarding mandatory injunction and arrears of license fee.
Case Code Year
Case between M Joy Varghese vs Swetha Menon regarding mandatory injunction and arrears of license fee.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour