Case Summary
Suchitha Gopinath is the plaintiff seeking a mandatory injunction against Baburaj A.K. for not vacating the shop room and for the payment of arrears of license fee. The case involved issues related to a license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the premises and payment of arrears of license fee.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the shop room and pay the arrears of license fees.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and established the case for a mandatory injunction.
The evidence of the plaintiff was unchallenged and established the case for a mandatory injunction.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and established the case for a mandatory injunction.
The evidence of the plaintiff was unchallenged and established the case for a mandatory injunction.
Supporting Evidence
The evidence of PW1 and the documents produced by him remained unchallenged. As such I find that the plaintiff is entitled to a decree for mandatory injunction directing the defendant to vacate the plaint schedule premises.
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 shop room within one month from today, failing which the plaintiff can get the decree executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suchitha Gopinath
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Baburaj A.K.
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Power of Attorney executed by Suchitha Gopinath in favour of Ajith Gopinath Naik, Licence agreement entered into between Suchitha Gopinath and Baburaj A.K., Copy of lawyer notice sent by Adv. K.K. Ramakrishnan to Baburaj A.K.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Shaju George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K.K. Ramakrishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule shop room within one month.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule shop room within one month from today, failing which the plaintiff can get the decree executed through the process of law.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is liable to pay arrears of license fee for 31 months.
Evidence:
The defendant is liable to pay arrears of license fee for 31 months @ Rs.9,000/- per month from June 2019 to March 2021 which comes to Rs.1,98,000/- (Rupees one lakh ninety eight thousand only) with 9% interest per annuam.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is liable to pay arrears of license fee from April 2021 till realisation.
Evidence:
The defendant is liable to pay arrears of license fee from April 2021 till realisation @ Rs.9,000/- per month with 9% interest per annuam.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realise the costs of the suit.
Evidence:
Plaintiff is also entitled to realise the costs of the suit.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Produced to establish the authority of the plaintiff's witness.
Reference:
Ext.A1
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Produced to show the terms of the license under which the defendant occupied the shop room.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Produced to demonstrate the plaintiff's demand for rent arrears and vacation of premises.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Produced as proof of sending the lawyer notice.
Reference:
Ext.A3(a)
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 Suchitha Gopinath vs Baburaj A.K. regarding mandatory injunction and arrears of license fee.
Case Code Year
Case between Suchitha Gopinath vs Baburaj A.K. regarding mandatory injunction and arrears of license fee.