Case Summary
Naniyatt Marakkarutty is the plaintiff against Sri. Suresh Kumar. U, the defendant, concerning a mandatory injunction and overdue license fees. The plaintiff claims the defendant has not paid the license fees after the license agreement expired.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to vacate the property and pay Rs.99,000 with interest and monthly fees.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the property and pay arrears of license fees.
Why Plaintiff Won:
The plaintiff provided unchallenged oral testimony and substantial documentary evidence supporting the claim.
The plaintiff provided unchallenged oral testimony and substantial documentary evidence supporting the claim.
Losing Side's Weaknesses:
The plaintiff provided unchallenged oral testimony and substantial documentary evidence supporting the claim.
The plaintiff provided unchallenged oral testimony and substantial documentary evidence supporting the claim.
Supporting Evidence
The plaintiff’s case regarding the licensor licensee relationship, the expiry of the same and the arrears in license fee to be paid by the defendant are all proved by the unchallenged oral testimony of the PW1 coupled with exhibit A1 to A4 documents.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby directed to vacate the plaint schedule property within one month today. 2. The defendant shall pay Rs.99,000/- (Rupees Ninety Nine thousand) to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Naniyatt Marakkarutty
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Suresh Kumar. U
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
License agreement dated 01.10.2021, Lawyer notice dated 20.03.2024, Postal receipt, Postal acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.D. Mohandas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harsha. C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The defendant is directed to vacate the plaint schedule property within one month.
Evidence:
The defendant is hereby directed to vacate the plaint schedule property within one month today.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant shall pay Rs.99,000/- to the plaintiff.
Evidence:
The defendant shall pay Rs.99,000/- (Rupees Ninety Nine thousand) to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff shall realize Rs 4500 per month from the defendant.
Evidence:
The plaintiff shall also be entitled to realise Rs 4500 per month from the defendant from 01.06.2025 till the date of actual surrender of the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Document proves the licensor-licensee relationship and terms of the agreement.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document shows the notice sent to the defendant regarding repayment and vacation of premises.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document serves as proof of sending the lawyer's notice.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Document shows the defendant's acknowledgment of receiving the lawyer's notice.
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 Naniyatt Marakkarutty vs Sri. Suresh Kumar. U regarding mandatory injunction and realization of arrears of license fee.
Case Code Year
Case between Naniyatt Marakkarutty vs Sri. Suresh Kumar. U regarding mandatory injunction and realization of arrears of license fee.