Case Summary
The plaintiff, N. Rathnavally, is suing the defendant, M.P. Binoos, for a mandatory injunction and to recover overdue license fees. The defendant has occupied the plaint schedule shed without payment after the license agreement expired.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to give vacant possession of the plaint schedule room and pay arrears and compensation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the shed and pay the outstanding dues.
Why Plaintiff Won:
The defendant was declared exparte and did not provide evidence of payment or legal standing to contest the case.
The defendant was declared exparte and did not provide evidence of payment or legal standing to contest the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff presented evidence of the expired license agreements and claims for arrears that were unchallenged due to the defendant's absence.
Judgment Evidence:
In the result, suit is decreed as follows: - 1.The defendant is directed to give vacant possession of the plaint schedule room to the plaintiff within one month from the date of this order. 2.Defendant is directed to pay to the plaintiff an amount of Rs.34,000/- (Rupees Thirty Four Thousand Only) with interest at the rate of 6% per annum from the date of the suit till realization towards the arrears of the license fee.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N. Rathnavally
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.P. Binoos
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice, Postal receipts, Returned cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sandeep Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Govind.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to give vacant possession of the plaint schedule room to the plaintiff.
Evidence:
The defendant is directed to give vacant possession of the plaint schedule room to the plaintiff within one month from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay Rs.34,000/- towards arrears of the license fee.
Evidence:
Defendant is directed to pay to the plaintiff an amount of Rs.34,000/- with interest at the rate of 6% per annum from the date of the suit till realisation towards the arrears of the license fee.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay Rs.24,360/- towards compensation for the unauthorized use of the property.
Evidence:
Defendant is further directed to pay to the plaintiff an amount of Rs.24,360/- with interest at the rate of 6% per annum from the date of the suit till realisation towards the compensation for the use and occupation.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff issued lawyer notices to the defendant regarding the arrears of license fee.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant.
Reference:
Ext.A1(a)
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Evidence of the returned cover which was supposed to reach the defendant.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another lawyer notice issued to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the second lawyer notice to the defendant.
Reference:
Ext.A3(a)
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Evidence of another returned cover addressed to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between N. Rathnavally vs M.P. Binoos regarding mandatory injunction and realization of money.
Case Code Year
Case between N. Rathnavally vs M.P. Binoos regarding mandatory injunction and realization of money.