Case Summary
Plaintiff filed suit seeking mandatory injunction to vacate a rented room and pay damages for use and occupation against the defendant who remained ex parte during proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partial decree - Mandatory injunction to vacate the room
Case Type
Civil Suit - Mandatory Injunction, Damages
Final Judgment
No
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Judgment Evidence:
In the result, the suit is partly decreed as follows; 1) The defendant is directed by a mandatory injunction to vacate the plaint schedule room within a period of two months from today. 2) The defendant is directed to pay the cost of suit to the plaintiff.
Parties Involved
Plaintiffs
Thattarakkal Moideenkutty (55 years)
Niramaruthoor Amsom, Desom and Post, PIN 676 109, Tirur Taluk
Meharoof (36 years)
Vellathoor House, Tanaloor Amsom, Meenadathoor Desom and Post, PIN 676 307, Tirur Taluk
Defendants
Chandrasekharan (60 years)
Nambolath House, Niramaruthoor Amsom, Desom and Post, PIN 676 109, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Direction to vacate the room within two months
Evidence:
In the result, the suit is partly decreed as follows; 1) The defendant is directed by a mandatory injunction to vacate the plaint schedule room within a period of two months from today.
Relief Type:
Damages
Outcome:
Not Decided
Description:
Claim for damages for use and occupation
Evidence:
Nothing is specified in the plaint with regards to the date of agreement in order to know the duration of the occupation by the defendant.
Documents & Evidence
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant terminating the tenancy
Reference:
A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending lawyer notice
Reference:
A1(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice
Reference:
A1(c)