Case Summary
Nalakath Usman filed a suit against Muhammed Iqubal for not paying the licence fee for the property entrusted to him. The defendant preferred to remain exparte, and the court assessed the evidence presented by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and payment of licence fee with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay back the unpaid licence fees and prohibiting him from entering the property.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and supported by proper documentation.
The evidence of the plaintiff was unchallenged and supported by proper documentation.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and supported by proper documentation.
The evidence of the plaintiff was unchallenged and supported by proper documentation.
Supporting Evidence
I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is restrained by a decree of permanent prohibitory injunction from entering into the plaint schedule property. 2) The defendant is directed to pay an amount of Rs.8,000/- (Rupees eight thousand only) per month from 01.12.2022 with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nalakath Usman
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Iqubal
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
License agreement dated 02.11.2022, Copy of legal notice sent by plaintiff advocate dated 12.07.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.K.V.Reetha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.C.V.Jithesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from entering into the plaint schedule property.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from entering into the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs.8,000/- per month with interest.
Evidence:
The defendant is directed to pay an amount of Rs.8,000/- (Rupees eight thousand only) per month from 01.12.2022 with future interest at 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also 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:
To substantiate the terms of the agreement including the license fee.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
To demonstrate the attempts made by the plaintiff to collect the due license fee.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
To confirm the defendant's receipt of the legal notice.
Reference:
Ext.A2(a)
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 Nalakath Usman vs Muhammed Iqubal regarding mandatory injunction and realization of arrears of licence fee.
Case Code Year
Case between Nalakath Usman vs Muhammed Iqubal regarding mandatory injunction and realization of arrears of licence fee.