Case Summary
SL Shahul Hameed, the plaintiff, filed a suit seeking mandatory injunction against the defendant, Ravi E, regarding arrears in license fees and unlawful occupation of property. The defendant remained ex parte throughout the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to surrender vacant possession, payment of arrears and monthly fees.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed, ordering the defendant to vacate the plaint schedule property and pay the outstanding license fees.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff along with supporting documents established the claims made.
The unchallenged evidence of the plaintiff along with supporting documents established the claims made.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff along with supporting documents established the claims made.
The unchallenged evidence of the plaintiff along with supporting documents established the claims made.
Supporting Evidence
PW1 had filed proof affidavit in lieu of examination in chief. The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed by way of mandatory injunction to surrender vacant possession of plaint schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- SL Shahul Hameed
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ravi E
- Party Age
- 71
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice, Postal receipt, Acknowledgment card, Building tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.K Sivadasan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aromal S Ajay
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sajna Mohammed Ali
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to surrender vacant possession of the plaint schedule property.
Evidence:
The defendant is directed by way of mandatory injunction to surrender vacant possession of plaint schedule property by removing all his belongings within a period of one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the arrears of license fee.
Evidence:
The defendant is directed to pay 94,000/- as license fee arrears from 2023 November till 2025 March.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued demanding payment of arrear license fee.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of mailing the lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the lawyer notice.
Reference:
Ext.A1(b)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt related to the property in question.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Another tax receipt related to a different property of the plaintiff.
Reference:
Ext.A3
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 SL Shahul Hameed vs Ravi E regarding mandatory injunction and license fee arrears
Case Code Year
Case between SL Shahul Hameed vs Ravi E regarding mandatory injunction and license fee arrears