Case Summary
The plaintiff, Sujatha M., is suing the defendant, Rajesh K., for failing to vacate a shop room and for payment of arrears of the licence fee. The defendant did not respond to the claims or appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule shop room within one month and pay Rs.22,000 towards the arrears of license fee.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the shop room and pay the arrears of the licence fee.
Why Plaintiff Won:
The evidence of the plaintiff remained unchallenged.
The evidence of the plaintiff remained unchallenged.
Losing Side's Weaknesses:
The evidence of the plaintiff remained unchallenged.
The evidence of the plaintiff remained unchallenged.
Supporting Evidence
The evidence of PW1 and the documents produced by her 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 and to realise the arrears of license fee.
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. 2) The defendant is liable to pay Rs.22,000/ (Twenty Two Thousand Rupees only) to the plaintiff towards the arrears of license fee upto July 2024.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujatha M.
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh K.
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
License agreement executed between Sujatha M. and Rajesh K., Copy of lawyer notice sent by Adv. Rabitha P.R. to Rajesh K., Acknowledgment Card, True copy of application submitted by Sujatha M. under Right to Information Act before the Secretary, Kozhikode Corporation, Reply from State Public Information Officer, Health Department, Kozhikode Corporation, Original of Kanam Assignment Deed executed by Surendran in favour of Praveen Kumar (Husband of Sujatha), Original of Kanam Assignment Deed executed by Geetha Haridas in favour of Praveen Kumar, Death Certificate of Praveen Kumar issued by Kozhikode Corporation, Legal heirship certificate of Praveen Kumar issued by Tahsildar, Kozhikode, Original power of attorney executed by Santha T.P. and others in favour of Sujatha M.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan C.P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rabitha P.R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gaya Girish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
A mandatory injunction directing the defendant to vacate the shop room.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule shop room within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of arrears of license fee amounting to Rs.22,000.
Evidence:
The defendant is liable to pay Rs.22,000/ (Twenty Two Thousand Rupees only) to the plaintiff towards the arrears of license fee upto July 2024.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document pertains to the license agreement executed between the plaintiff and the defendant for the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer's notice sent to the defendant demanding payment of arrears and surrender of possession.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves to confirm receipt of the lawyer's notice by the defendant.
Reference:
Ext.A3
Document Type:
RTI application
Submitted By:
Plaintiff
Relevance:
This application was submitted to verify if the defendant was operating without a required municipal license.
Reference:
Ext.A4
Document Type:
Reply to RTI Application
Submitted By:
Plaintiff
Relevance:
This document contains the response from the Kozhikode Corporation regarding the defendant's operations.
Reference:
Ext.A5
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This deed is related to the property and shows the ownership transfer to the plaintiff's deceased husband.
Reference:
Ext.A6
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Another deed showing the transfer of property ownership to the plaintiff's deceased husband.
Reference:
Ext.A7
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the death of Praveen Kumar, the plaintiff's husband.
Reference:
Ext.A8
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
This certificate evidences the legal heirs of Praveen Kumar.
Reference:
Ext.A9
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document pertains to the Power of Attorney executed in favor of the plaintiff.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Sujatha M. vs Rajesh K. regarding damages and mandatory injunction
Case Code Year
Case between Sujatha M. vs Rajesh K. regarding damages and mandatory injunction