Case Summary
Plaintiffs seek mandatory injunction to vacate property and claim damages for use, rent arrears, and enhanced license fee.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction, Arrears of License Fee, Damages for Use and Occupation
Case Type
Civil Suit - Mandatory Injunction, Realization of Damages
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided evidence of the license agreement, ownership, arrears, and revoked permission for occupancy.
The plaintiffs provided evidence of the license agreement, ownership, arrears, and revoked permission for occupancy.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The defendants are directed by a mandatory injunction to vacate the plaint schedule property within a period of 2 months from today. 2. The plaintiffs are entitled to realise Rs.1,66,920/- with interest 6% per annum as arrears of license fee. 3. The plaintiffs are entitled to realize damages for use and occupation @ Rs.15,000/- per month from the defendants from the date of suit till the defendants vacate the property.
Parties Involved
Plaintiffs
M.T. Muhammed (48 years)
Iringavoor Amsom, Vaniyannoor Desom, Tirur Taluk
Salmanul Faris (26 years)
Not mentioned
Muhammed Faisal (23 years)
Not mentioned
Defendants
Muhammad Shahir (34 years)
Thrikkandiyoor Amsom, Desom, Tirur Taluk
Abdul Gafoor (35 years)
Thrikkandiyoor Amsom, Desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants directed to vacate property within 2 months
Evidence:
The defendants are directed by a mandatory injunction to vacate the plaint schedule property within a period of 2 months from today.
Relief Type:
Arrears of License Fee
Outcome:
Granted
Description:
Plaintiffs entitled to realize Rs.1,66,920/- with interest of 6% per annum
Evidence:
The plaintiffs are entitled to realise Rs.1,66,920/- with interest 6% per annum as arrears of license fee.
Relief Type:
Damages for Use and Occupation
Outcome:
Granted
Description:
Plaintiffs entitled to realize damages @ Rs.15,000/- per month till vacation of property
Evidence:
The plaintiffs are entitled to realize damages for use and occupation @ Rs.15,000/- per month from the defendants from the date of suit till the defendants vacate the property.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Executed license agreement between first plaintiff and defendants
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by plaintiffs directing defendants to vacate premises and pay damages
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card evidencing receipt of notice by first defendant
Reference:
Ext.A3