Case Summary
The case involves Santhakumari Bhaskar and supplemental plaintiff Dhaneesh.P.B against defendant Yasodha.M.P regarding eviction from a house and recovery of arrears of license fee. The plaintiffs allege unauthorized occupation by the defendant and seek damages.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to evict the defendant and recover arrears of license fee.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, decreeing that the defendant must vacate the house and pay arrears of license fee.
Why Plaintiff Won:
The plaintiff proved unauthorized occupation of the premises by the defendant.
The plaintiff proved unauthorized occupation of the premises by the defendant.
Losing Side's Weaknesses:
The plaintiff proved unauthorized occupation of the premises by the defendant.
The plaintiff proved unauthorized occupation of the premises by the defendant.
Supporting Evidence
It is an admitted fact that defendant is in possession of the plaint schedule property. The plaintiff alleged that the house is entrusted to the defendant by way of Ext.A1 agreement dated 8/8/2015. Though the defendant alleged that the entrustment is not a license, no evidence is adduced by him to contradict the evidence of PW1.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: Defendant is directed by way of mandatory injunction to vacate the plaint schedule house and put plaintiff in possession of the said house within two months from this date...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Santhakumari Bhaskar
- Party Age
- 78
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Dhaneesh.P.B
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Yasodha.M.P
- Party Age
- 44
- Relation
- D/o
Plaintiffs Documents
Original license agreement executed between Santhakumari Bhaskaran and Yasodha, Copy of lawyer notice, Original Will executed by pariyapurath Santhakumari in favour of Dhanish.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.S. Murali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shamie Jithin
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.S. Vivek
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Noorudheen.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff awarded mandatory injunction to evict the defendant from the property.
Evidence:
Defendant is directed by way of mandatory injunction to vacate the plaint schedule house and put plaintiff in possession.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover arrears of license fee from the defendant.
Evidence:
Plaintiff is allowed to realise Rs.5,000/- per month from 8/6/2016 to 25/7/2017 as arrears of license fee together with 9% interest.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff allowed to recover damages for unauthorized use and occupation from the defendant.
Evidence:
Plaintiff is allowed to realise Rs.6,000/- per month as damages for the unauthorized use and occupation.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Executed between Santhakumari Bhaskaran and Yasodha, foundational agreement for the license.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Original license agreement executed prior to Ext.A1, relevant for understanding the terms of the license.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of arrears of license fee and vacation of the premises.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice to the defendant.
Reference:
Ext.A3(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer notice by the defendant.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Certificate proving the death of the original plaintiff, impacting the case.
Reference:
Ext.A5
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Will executed by the original plaintiff in favor of Dhanish, indicating succession.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Santhakumari Bhaskar et al vs Yasodha.M.P regarding mandatory injunction and arrears of license fee
Case Code Year
Case between Santhakumari Bhaskar et al vs Yasodha.M.P regarding mandatory injunction and arrears of license fee