Case Summary
The plaintiff, P. Sajith Kumar, has filed a suit against Abdul Jaleel E.T. for mandatory injunction and damages for unlawful use of a shop room. The defendant failed to pay license fees and thus is in unauthorized occupation of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the shop room, payment of Rs.1,31,440/- towards arrears of license fee, and Rs.4,000/- per month as damages.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, directing the defendant to vacate the premises and pay the plaintiff the outstanding license fees and damages.
Why Plaintiff Won:
The defendant failed to pay the license fee and did not participate in the trial, leading to a default judgment in favor of the plaintiff.
The defendant failed to pay the license fee and did not participate in the trial, leading to a default judgment in favor of the plaintiff.
Losing Side's Weaknesses:
The defendant failed to pay the license fee and did not participate in the trial, leading to a default judgment in favor of the plaintiff.
The defendant failed to pay the license fee and did not participate in the trial, leading to a default judgment in favor of the plaintiff.
Supporting Evidence
The evidence of PW1 and the documents produced by him remained unchallenged. As such I find that the plaintiff is entitled to a decree for mandatory injunction directing the defendant to vacate the plaint schedule premises.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed by a mandatory injunction to vacate the plaint schedule shop room within one month from today, failing which the plaintiff can get the decree executed through the process of law. 2) The defendant is liable to pay Rs.1,31,440/- towards the arrears of license fee. 3) The defendant is liable to pay Rs.4,000/- per month as damages for unlawful use and occupation from the date of suit(13.8.2024) till the actual surrender of vacant premises on payment of requisite court fee.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. Sajith Kumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Jaleel E.T.
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Original License Agreement executed between P.Sajith Kumar and Abdul Jaleel E.T., Copy of Lawyer notice sent by Adv. K.B. Sivaramakrishnan to Abdul Jaleel E.T.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B. Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.V. Sandeep
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing the defendant to vacate the plaint schedule shop room.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule shop room within one month from today.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant is liable to pay damages for unlawful use and occupation of the shop room.
Evidence:
The defendant is liable to pay Rs.4,000/- per month as damages for unlawful use and occupation from the date of suit(13.8.2024) till the actual surrender of vacant premises.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is liable to pay the arrears of license fee.
Evidence:
The defendant is liable to pay Rs.1,31,440/- towards the arrears of license fee.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The license agreement executed between the plaintiff and the defendant clarifies the terms of the defendant's occupation of the plaintiff's property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice served to the defendant informing them of the revocation of the license agreement due to non-payment of fees.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Serves as proof of receipt of the lawyer notice by the defendant.
Reference:
Ext.A2(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of the delivery of the lawyer notice to the defendant.
Reference:
Ext.A2(b)
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 P. Sajith Kumar vs Abdul Jaleel E.T. regarding mandatory injunction and damages for unlawful use and occupation.
Case Code Year
Case between P. Sajith Kumar vs Abdul Jaleel E.T. regarding mandatory injunction and damages for unlawful use and occupation.