Case Summary
The plaintiff, Markazzu sakafathu sunniyya, represented by General Manager C Muhammed Faisi, filed a suit against the defendant Soji Abraham for failing to pay licence fees for usage of the plaint schedule premises. The plaintiff claims the defendant is a trespasser after the licence agreement expired.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender vacant possession of plaint schedule premises and pay Rs.71,280/- as arrears of licence fees.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to surrender possession of the premises and pay overdue licence fees.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The evidence of PW1 coupled with Exts.A1 to A4 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 premises to the plaintiff within one month from today. 2) Defendant is directed to pay Rs.71,280/- (Rupees seventy one thousand two hundred and eighty only) as arrears of licence fees and Rs.15,000/- (Rupees fifteen thousand only) per month for the use and occupation of plaint schedule property till she vacates from the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Markazzu sakafathu sunniyya
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Soji Abraham
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Licence Agreement executed between the plaintiff and defendant, Copy of lawyer notice, Postal receipt, Unserved cover, Resolution
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B.Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muhammed Sadique.U.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to surrender vacant possession of the plaint schedule premises to the plaintiff within one month.
Evidence:
The defendant is directed by way of mandatory injunction to surrender vacant possession of plaint schedule premises to the plaintiff within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay overdue licence fees and further monthly occupation fees.
Evidence:
Defendant is directed to pay Rs.71,280/- (Rupees seventy one thousand two hundred and eighty only) as arrears of licence fees and Rs.15,000/- (Rupees fifteen thousand only) per month for the use and occupation of plaint schedule property till she vacates from the plaint schedule 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:
Licence agreement
Submitted By:
Plaintiff
Relevance:
The court referenced the Licence Agreement executed between the plaintiff and defendant to establish the terms of the usage of the property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice issued to the defendant demanding payment of arrears was discussed to show the defendant's failure to comply.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt was mentioned to support the service of the lawyer notice on the defendant.
Reference:
Ext.A2
Document Type:
Unserved Cover
Submitted By:
Plaintiff
Relevance:
The unserved cover indicated the failure of notice delivery to the defendant, illustrating the defendant's disregard.
Reference:
Ext.A3
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
The resolution was referred to provide evidence of the plaintiff's authorization in this matter.
Reference:
Ext.A4
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 Markazzu sakafathu sunniyya et al vs Soji Abraham regarding mandatory injunction
Case Code Year
Case between Markazzu sakafathu sunniyya et al vs Soji Abraham regarding mandatory injunction