Case Summary
The plaintiff, Sangeetha Puthiyedath, claims that the defendant, Janardhanan @ Mani, is unlawfully occupying her shop room without permission following the expiration of a license agreement. She seeks a mandatory injunction for him to vacate the premises and damages for illegal occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender vacant possession of the plaint schedule shop room and to pay Rs. 25,750/- with 12% interest per annum as damages.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to vacate the shop room and pay damages for unauthorized occupation.
Why Plaintiff Won:
The plaintiff proved her ownership and the expiration of the license agreement.
The plaintiff proved her ownership and the expiration of the license agreement.
Losing Side's Weaknesses:
The plaintiff proved her ownership and the expiration of the license agreement.
The plaintiff proved her ownership and the expiration of the license agreement.
Supporting Evidence
Upon perusal of Ext A3, it can be seen that there was reference with respect to Ext. A1. Ext.A3 is the lawyer notice sent by the plaintiff to the defendant intimating the termination of tenancy and also calling upon him to surrender the vacant possession of the plaint schedule room.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That the defendant is directed to surrender vacant possession of the plaint schedule shop room to the plaintiff by removing his belongings within one month from today, failing which the plaintiff can get the decree executed through the process of law. 2. The defendant is directed to pay Rs. 25,750/- with 12% interest per annum as damages for illegal use and occupation of the plaint schedule shop room from August 2018 to the date of plaint.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sangeetha Puthiyedath
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Janardhanan @ Mani
- Relation
- S/o
Plaintiffs Documents
Partition deed No.159/2016, License agreement dated 03.05.2015, Copy of lawyer notice sent on 13.02.2019
Defendants Documents
Various rent receipts issued by Geetha Sahadevan
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dilkhush V.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Benazeera K.P.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thushara
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V.P. Narayanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to surrender vacant possession of the plaint schedule shop room.
Evidence:
The defendant is directed to surrender vacant possession of the plaint schedule shop room to the plaintiff by removing his belongings within one month from today.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant directed to pay damages for illegal use and occupation.
Evidence:
The defendant is directed to pay Rs.25,750/- with 12% interest per annum as damages for illegal use and occupation of the plaint schedule shop room from August 2018 to the date of plaint.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Plaintiff produced the partition deed to show that she acquired rights over the plaint schedule premise.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document was executed by the plaintiff's mother with the defendant to permit occupation.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff issued this notice to terminate the license and demand the defendant to vacate.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document acknowledges the receipt of the lawyer notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The defendant's reply to the notice from the plaintiff was marked as evidence.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
The plaintiff submitted this receipt to demonstrate payment of building tax for the shop room.
Reference:
Ext.A6
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt further supports the plaintiff's claim of ownership by showing tax payment.
Reference:
Ext.A7
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Defendant used these documents to show prior payments made as evidence of his occupation.
Reference:
Ext.B1 to Ext.B24
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Sangeetha Puthiyedath vs Janardhanan @ Mani regarding mandatory injunction and damages for illegal use and occupation
Case Code Year
Case between Sangeetha Puthiyedath vs Janardhanan @ Mani regarding mandatory injunction and damages for illegal use and occupation