Case Summary
The case involves Syed Abdurahiman Jiffri as the plaintiff seeking mandatory injunction and arrears of licence fee from the defendant Hashim.O.N. The plaintiff claims that the defendant has arrears of licence fees for the property entrusted for business purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and pay Rs.1,65,000/- as licence fee arrears with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favour of the plaintiff, directing the defendant to vacate the property and pay arrears of licence fees along with compensation for unauthorized occupation.
Why Plaintiff Won:
The plaintiff proved his case with unchallenged evidence and documents supporting the claim.
The plaintiff proved his case with unchallenged evidence and documents supporting the claim.
Losing Side's Weaknesses:
The plaintiff proved his case with unchallenged evidence and documents supporting the claim.
The plaintiff proved his case with unchallenged evidence and documents supporting the claim.
Supporting Evidence
I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syed Abdurahiman Jiffri
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hashim.O.N.
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice, Licence agreement executed between plaintiff and defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Manohar Lal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrutha Bindu.T
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to vacate from the plaint schedule property.
Evidence:
The defendant is directed by way of mandatory injunction to vacate from the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.1,65,000/- as licence fee arrears with interest.
Evidence:
The defendant is directed to pay Rs.1,65,000/- (Rupees one lakh sixty five thousand only) as licence fee arrears with future interest.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay Rs.15,000/- per month for unauthorized use and occupation.
Evidence:
The defendant is directed to pay Rs.15,000/- (Rupees fifteen thousand only) per month for the unauthorized use and occupation of the plaint schedule property.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
To seek payment of arrears of licence fee and to surrender possession of the property.
Reference:
Ext.A1
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Executed between the plaintiff and defendant regarding the business property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Syed Abdurahiman Jiffri vs Hashim.O.N. regarding mandatory injunction, arrears of licence fee and damages.
Case Code Year
Case between Syed Abdurahiman Jiffri vs Hashim.O.N. regarding mandatory injunction, arrears of licence fee and damages.