Case Summary
Shahabeese P.V. is the plaintiff who claims that the defendant, Shijin Kumar K.C., failed to pay the agreed license fee for using a property. The plaintiff seeks a mandatory injunction for the defendant to vacate the premises and for recovering the license fee arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule building within one month and pay arrears of license fee with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a mandatory injunction for the defendant to vacate the premises and pay arrears for the license fee and damages.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the defendant's failure to pay the license fee and vacate the property.
The plaintiff provided sufficient evidence of the defendant's failure to pay the license fee and vacate the property.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the defendant's failure to pay the license fee and vacate the property.
The plaintiff provided sufficient evidence of the defendant's failure to pay the license fee and vacate the property.
Supporting Evidence
He has produced Exts.A1 to A6 in support of the case. The evidence of PW1 and the documents produced by him remained unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) The defendant is directed by a mandatory injunction to vacate the plaint schedule building within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shahabeese P.V.
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shijin Kumar K.C.
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Jenmam Assignment Deed No.589/15, Copy of Registered Lawyer Notice sent on 12.02.2024, Copy of Registered Lawyer Notice sent on 29.06.2024, Building Tax Receipt issued by Kozhikode Municipal Corporation, Power of Attorney executed in favor of Riyas, Licence Agreement between Shahabeese and Shijin Kumar.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.K. Madhusudan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction for the defendant to vacate the plaint schedule building.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule building within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Claim for arrears of license fee with interest.
Evidence:
The defendant is liable to pay arrears of license fee for a tune of Rs. 20,000/- per month with interest at the rate of 12% per annuam.
Relief Type:
Damages
Outcome:
Granted
Description:
Claim for damages for unlawful use and occupation.
Evidence:
The defendant is liable to pay damages for a tune of Rs.20,000/- per month with interest at the rate of 12% per annum.
Relief Type:
Other
Outcome:
Granted
Description:
Recovery of the costs of the suit.
Evidence:
Plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Document establishing ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant regarding payment of license fee.
Reference:
Ext.A2
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice reminder for payment and vacating the premises.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing tax payment related to the property.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document empowering Riyas to act on behalf of the plaintiff.
Reference:
Ext.A5
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the terms under which the defendant was allowed to use the property.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Shahabeese P.V. vs Shijin Kumar K.C. regarding mandatory injunction and for realization of arrears of license fee and damages
Case Code Year
Case between Shahabeese P.V. vs Shijin Kumar K.C. regarding mandatory injunction and for realization of arrears of license fee and damages