Case Summary
The case involves P.A.Sajeed as the plaintiff and Muhammed Shihab as the defendant. The plaintiff is seeking a mandatory injunction for the defendant to vacate the premises and damages for unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate and payment of Rs.5,19,750/- as damages.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to vacate the premises and pay the plaintiff damages for unauthorized occupation.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
The evidence presented by the plaintiff was unchallenged, establishing the defendant's liability.
Supporting Evidence
The evidence of PW1 coupled with Exts.A1, A2 and C1, C1(a) remains unchallenged. Hence, the plaintiff is entitled to get a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property after removing all his belongings.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.A.Sajeed
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Shihab
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original sale deed registered as Document No.1597/2014 of SRO Chevayur, Statement of Account SB Account No.01251530030640 of HDFC Bank during the period from 05.12.2021 to 05.12.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Srinath Girish
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amritha Sushanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule property after removing all belongings.
Evidence:
The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property after removing all his belongings.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant is ordered to pay Rs.5,19,750 as damages for use and occupation.
Evidence:
The defendant is directed to pay Rs.5,19,750/- (Rupees five lakhs nineteen thousand seven hundred and fifty only) as damages for use and occupation from 01.02.2022 till 01.04.2023.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant is ordered to pay Rs.37,125 per month as damages for use and occupation until vacating.
Evidence:
The defendant is directed to pay Rs.37,125/- (Rupees thirty seven thousand one hundred and twenty five only) per month as damages for use and occupation from the date of suit till he vacates from the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to recover costs of the suit from the defendant.
Documents & Evidence
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
Used as evidence of ownership of the property.
Reference:
Ext.A1
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Demonstrates financial transactions relevant to the case.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Serves as an official report related to the premises.
Reference:
Ext.C1
Document Type:
Advocate Commissioner’s sketch
Submitted By:
Court
Relevance:
Illustrates the premises in question.
Reference:
Ext.C1(a)
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 P.A.Sajeed vs Muhammed Shihab regarding mandatory injunction and damages
Case Code Year
Case between P.A.Sajeed vs Muhammed Shihab regarding mandatory injunction and damages