Case Summary
M. S. Sijin is the plaintiff seeking a mandatory injunction to direct the defendant to vacate the plaint schedule property and hand it over to him, along with seeking damages and payment of the electricity bill. Afsal. P is the defendant who was occupying the property under a license agreement that expired.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the property, payment of Rs.3,30,261/- for damages, and Rs.34,816/- for electricity charges.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the property, pay damages for unauthorized use, and settle the electricity charges. The defendant is also required to pay the costs of the suit.
Why Plaintiff Won:
Plaintiff proved ownership and unauthorized occupation by the defendant.
Plaintiff proved ownership and unauthorized occupation by the defendant.
Losing Side's Weaknesses:
Plaintiff proved ownership and unauthorized occupation by the defendant.
Plaintiff proved ownership and unauthorized occupation by the defendant.
Supporting Evidence
The plaint claim of the plaintiff was proved from the affidavit filed by PW1 and Exts.A1 to A10 documents. The plaintiff contended that... No contra evidence is brought against this contention.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to give vacant possession of the plaint schedule building... 2. The defendant is also directed to pay Rs.3,30,261/- towards damages...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. S. Sijin
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Afsal. P
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Copy of license agreement, property tax receipt, payment details from KSEB, complaint filed before police.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Jaleel Onath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D. Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To direct the defendant to give vacant possession of the plaint schedule building.
Evidence:
The defendant is directed to give vacant possession of the plaint schedule building.
Relief Type:
Damages
Outcome:
Granted
Description:
To pay damages for unauthorized use of the building.
Evidence:
The defendant is also directed to pay Rs.3,30,261/- towards damages.
Relief Type:
Electricity Charges
Outcome:
Granted
Description:
To pay electricity charges already paid by the plaintiff.
Evidence:
The defendant is also directed to pay electricity charge of Rs.34,816/- to the plaintiff.
Relief Type:
License Fee
Outcome:
Granted
Description:
To pay monthly license fee until the defendant gives vacant possession.
Evidence:
The defendant is directed to pay to the plaintiffs the monthly license fee @ Rs.35,000/-.
Relief Type:
Costs
Outcome:
Granted
Description:
To pay the costs of the suit to the plaintiff.
Evidence:
The defendant is directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Executed between Rajitha and Sijin M. S. of SRO, Kozhikode.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Executed between Reshma M. S. and Sijin M. S. of SRO, Kozhikode.
Reference:
Ext.A1(a)
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Executed between Kodakkadan Khadeeja and Moolatt Sasidharan of SRO, Kozhikode.
Reference:
Ext.A1(b)
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued from Kozhikode corporation.
Reference:
Ext.A2
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Executed between Moolatt Sijin and Afsal P.
Reference:
Ext.A3
Document Type:
KSEB Payment Details
Submitted By:
Plaintiff
Relevance:
Downloaded from KSEB site.
Reference:
Ext.A4
Document Type:
KSEB Payment Details
Submitted By:
Plaintiff
Relevance:
Downloaded from KSEB site.
Reference:
Ext.A5
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A6
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A6(a)
Document Type:
Whatsapp Message
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Filed before Kasaba Police station by plaintiff.
Reference:
Ext.A8
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A9
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Issued by the Kozhikode Corporation.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between M. S. Sijin vs Afsal. P regarding mandatory injunction and damages
Case Code Year
Case between M. S. Sijin vs Afsal. P regarding mandatory injunction and damages