Case Summary
Mrs.Shyamala Sathyan is the plaintiff who filed a suit against K.Rajeendran for mandatory injunction regarding the eviction from the shop rooms. The defendant failed to pay the license fee and did not vacate the premises after receiving a termination notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the shop rooms and recovery of costs from the defendant
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff directing the defendant to vacate the shop rooms within one month. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff proved her case with unchallenged evidence.
The plaintiff proved her case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved her case with unchallenged evidence.
The plaintiff proved her case with unchallenged evidence.
Supporting Evidence
The evidence tendered by PW1 remains unchallenged. As such, I find that the plaintiff has proved her case and therefore the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed by way of mandatory injunction to vacate the plaint schedule shop rooms within one month herefrom. Failing which, the plaintiff can evict the defendant by resorting to execution proceedings.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs.Shyamala Sathyan
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K.Rajeendran
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
License agreement dated 03.02.2018, lawyer notice issued to K.Rajeendran, complaint filed before District Police Chief and SHO, Vellayil, final report of Vellayil Police Station.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A.K.Sukumaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate the plaint schedule shop rooms within one month.
Evidence:
The defendant is directed by way of mandatory injunction to vacate the plaint schedule shop rooms within one month herefrom.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Document that outlines the agreement between the plaintiff and defendant regarding the property and terms of the license.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice issued by the plaintiff's lawyer to the defendant regarding non-payment.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of a complaint filed by the plaintiff before the District Police Chief regarding the defendant's actions.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Another complaint filed by the plaintiff before the SHO regarding the defendant.
Reference:
Ext.A4
Document Type:
Final report
Submitted By:
Plaintiff
Relevance:
Final report from the police station relating to the plaintiff's complaints and actions.
Reference:
Ext.A5
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 Mrs.Shyamala Sathyan vs K.Rajeendran regarding mandatory injunction
Case Code Year
Case between Mrs.Shyamala Sathyan vs K.Rajeendran regarding mandatory injunction