Case Summary
Thayyil Babu, the plaintiff, seeks a mandatory injunction and damages against Reena P.M., the defendant, for unlawful occupation of a shop room. The defendant allegedly failed to clear dues and vacate the premises as per the license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the shop room and payment of arrears and damages.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendant is directed to vacate the premises and pay arrears and damages.
Why Plaintiff Won:
The plaintiff proved the case and the necessary grounds for the decree were established.
The plaintiff proved the case and the necessary grounds for the decree were established.
Losing Side's Weaknesses:
The plaintiff proved the case and the necessary grounds for the decree were established.
The plaintiff proved the case and the necessary grounds for the decree were established.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unrebutted. As such I find that the plaintiff has succeeded to prove his case and therefore, he 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 the plaint schedule shop room and the shed by removing all his articles within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thayyil Babu
- Party Age
- 59
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Reena P.M.
- Party Age
- 40
- Relation
- D/o.
Plaintiffs Documents
Original license Agreement executed between Thayyil Babu and Reena P.M., Copy of lawyer notice sent by Adv. R.M. Subair to Reena P.M., Returned Registered postal cover with acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.M. Subair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.P. Sameera
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V.P. Radhakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule shop room and the shed.
Evidence:
The defendant is directed by way of mandatory injunction to vacate the plaint schedule shop room and the shed by removing all his articles within one month from today.
Relief Type:
Prohibitory Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing into the plaint schedule shop room.
Evidence:
The defendant is restrained by way of prohibitory injunction from trespassing into the plaint schedule shop room thereafter.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant to pay arrears of license fee.
Evidence:
The defendant shall pay a sum of Rs.66,000/ ( Rupees Sixty Six Thousand only) as arrears of license fee from 1.11.2020 to 1.9.2021 to the plaintiff.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant to pay damages for unlawful occupation.
Evidence:
The defendant shall pay a sum of Rs.3,48,000/(Three lakhs Forty Eight Thousand only) towards the damages for unlawful use and occupation from 1.10.2021 to 27.08.2025 to the plaintiff.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant to pay monthly damages till surrender of the shop room.
Evidence:
The defendant shall pay Rs 6000/ per month from 28.08.2025 till actual surrender of the plaint schedule shop room by the defendant towards damages for the unlawful use and occupation of the plaint schedule property.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Original license Agreement executed between Thayyil Babu and Reena P.M.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by Adv. R.M. Subair to Reena P.M.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the notice sent.
Reference:
Ext.A2(a)
Document Type:
Registered Postal Cover
Submitted By:
Plaintiff
Relevance:
Returned Registered postal cover with acknowledgment card.
Reference:
Ext.A3
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Original license Agreement executed between Thayyil Babu and Reena P.M.
Reference:
Ext.A4
Document Type:
Water Disconnection Notice
Submitted By:
Plaintiff
Relevance:
Notice of Water disconnection issued by Kerala Water Authority to Babu T.
Reference:
Ext.A5
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Cash receipt issued by Kerala Water Authority.
Reference:
Ext.A6
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Cash receipt issued by Kerala Water Authority.
Reference:
Ext.A7
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 Thayyil Babu vs Reena P.M. regarding mandatory injunction and damages.
Case Code Year
Case between Thayyil Babu vs Reena P.M. regarding mandatory injunction and damages.