Case Summary
The plaintiffs, Sandhyarani Jayabal and Jayabal, are seeking a mandatory injunction to vacate the plaint schedule property and to recover unpaid license fees from the defendant, Danish Majeed. The defendant, a former licensee, has failed to pay the agreed fees and has not vacated the property despite demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property, payment of Rs.4,33,000/- with interest, and damages of Rs.25,000/- per month.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, directing the defendant to vacate the property and pay the outstanding fees along with interest.
Why Plaintiff Won:
The plaintiffs proved that the defendant was a licensee under a license agreement and failed to pay the agreed fees.
The plaintiffs proved that the defendant was a licensee under a license agreement and failed to pay the agreed fees.
Losing Side's Weaknesses:
The plaintiffs proved that the defendant was a licensee under a license agreement and failed to pay the agreed fees.
The plaintiffs proved that the defendant was a licensee under a license agreement and failed to pay the agreed fees.
Supporting Evidence
The evidence of the PW1 remains unrebutted, entitling the plaintiffs to a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby directed to remove his goods and articles from the plaint schedule property and vacate the same within 30 days from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sandhyarani Jayabal
- Party Age
- 48
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jayabal
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Danish Majeed
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Agreement executed between plaintiff and defendant dated 01.04.2023, License agreement executed between plaintiff and defendant dated 10.05.2022, Copy of lawyer notice dated 23.05.2024, Reply notice dated 12.09.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. V. Hari
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. A. Sarala
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to vacate the plaint schedule property.
Evidence:
The plaintiffs shall be entitled to a decree of mandatory injunction directing the defendant to vacate the premises.
Relief Type:
Recovery
Outcome:
Granted
Description:
Realisation of arrears of license fee amounting to Rs.4,33,000/-.
Evidence:
The defendant is directed to pay Rs.4,33,000/- (Rupees Four Lakh thirty three thousand only) to the plaintiffs with interest at the rate of 9 per cent from the date of suit till realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
Payment of Rs.25,000/- per month from the defendant.
Evidence:
The plaintiffs shall be entitled to realise Rs.25,000/- (Rupees twenty five thousand only) per month from the defendant from 01.08.2024 till the date of surrender of plaint schedule property.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed between plaintiff and defendant.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Licence agreement executed between plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply 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 Sandhyarani Jayabal et al vs Danish Majeed regarding mandatory injunction and arrears of license fee.
Case Code Year
Case between Sandhyarani Jayabal et al vs Danish Majeed regarding mandatory injunction and arrears of license fee.