Case Summary
The plaintiffs, Prasu and her children, are seeking recovery of possession of a shop room owned by their deceased father Mr. Babu, which the defendant, Mr. Lilil Kumar, has occupied. The case also involves claims for damages due to the defendant's failure to vacate the premises and return possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the shop room and plaintiffs are entitled to realize ₹1,000/- per month as license fee.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, ordering the defendant to vacate the shop room and granting the plaintiffs damages for loss of rental income.
Why Plaintiff Won:
The evidence established that the license granted to the defendant had been revoked, and he had no legal right to remain in possession of the shop room.
The evidence established that the license granted to the defendant had been revoked, and he had no legal right to remain in possession of the shop room.
Losing Side's Weaknesses:
The evidence established that the license granted to the defendant had been revoked, and he had no legal right to remain in possession of the shop room.
The evidence established that the license granted to the defendant had been revoked, and he had no legal right to remain in possession of the shop room.
Supporting Evidence
The evidence adduced by the plaintiffs would go to show that late Mr.Babu has actually granted license to the defendant to conduct the shop. When he reached the native place, he has orally revoked the permission on 31.01.2017.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby directed to vacate the plaint schedule shop room within ten days from the date of this judgment. 2. Plaintiffs are also entitled to realize ₹1,000/- (Rupees Thousand only) per month as license fee from the date of suit till the date of handing over vacant possession of plaint schedule shop.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prasu
- Party Age
- 67
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Subana
- Party Age
- 41
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Arun Babu
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lilil Kumar
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, Certified copy of Sale deed No. 134/1976, Tax receipt, Building tax receipt, Certified copy of the appeal memorandum before the Hon'ble Tribunal for Local Self Government Institutions, Certified copy of the order in the appeal, Certified copy of the order in Revision Petition.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vakkom R. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Hemachandran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs sought to recover possession of the plaint schedule shop room.
Evidence:
The defendant is hereby directed to vacate the plaint schedule shop room within ten days from the date of this judgment.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiffs sought realization of damages amounting to ₹36,000/-.
Evidence:
Plaintiffs are also entitled to realize ₹1,000/- (Rupees Thousand only) per month as license fee from the date of suit till the date of handing over vacant possession of plaint schedule shop.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document evidences the authority of the first plaintiff to represent the second and third plaintiffs.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaint schedule property by late Mr. Babu.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document indicates that property taxes were remitted by the plaintiffs' predecessor for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of the plaintiffs regarding the upkeep of the property.
Reference:
Ext.A4
Document Type:
Certified copy of Appeal
Submitted By:
Plaintiff
Relevance:
This document shows the legal recourse the plaintiffs' predecessor took against the defendant.
Reference:
Ext.A5
Document Type:
Certified copy of Order in Appeal
Submitted By:
Plaintiff
Relevance:
This document is pertinent to the appeal filed by the plaintiffs' predecessor.
Reference:
Ext.A6
Document Type:
Certified copy of Order in Revision Petition
Submitted By:
Plaintiff
Relevance:
This document relates to the dismissal of the defendant's revision petition.
Reference:
Ext.A7
Document Type:
Certified copy of Plaint
Submitted By:
Plaintiff
Relevance:
This document pertains to the previous suit filed by the defendant against Mr. Babu.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Unauthorized occupation
Case Code
Case between Prasu et al vs Lilil Kumar regarding recovery of possession and realization of damages
Case Code Year
Case between Prasu et al vs Lilil Kumar regarding recovery of possession and realization of damages