Case Summary
The plaintiff, T.K.Chidanand, filed a suit against the defendant, Shahabas, seeking a mandatory injunction for the recovery of rental payments and possession of property. The defendant had allegedly failed to pay the agreed license fees for the use of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for the defendant to vacate the property and payment of Rs.2,80,000/- as license fee arrears.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the property and pay the outstanding license fees with interest.
Why Plaintiff Won:
The plaintiff's unchallenged evidence supported his claims regarding license fee arrears.
The plaintiff's unchallenged evidence supported his claims regarding license fee arrears.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of PW1 coupled with Exts.A1 to A6, C1, C2, C3 would prove the case of the plaintiff.
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 after taking all his belongings. 2) The defendant is directed to pay Rs.2,80,000/- as licence fee arrears...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.K.Chidanand
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shahabas
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Original licence agreement A1, Registered lawyer notice A2, Copy of lawyer notice A3.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Manohar Lal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sanal Kumar Padannapurath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant 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 after taking all his belongings.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay Rs.2,80,000/- as license fee arrears.
Evidence:
The defendant is directed to pay Rs.2,80,000/- (Rupees two lakhs eighty thousand only) as licence fee arrears from 01.06.2019 till 01.10.2019 with interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay Rs.70,000/- for the subsequent licensing period.
Evidence:
The defendant is directed to pay Rs.70,000/- (Rupees seventy thousand only) from 01.10.2019 till 28.01.2023 with interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay Rs.77,000/- as license fee arrears for the previous period.
Evidence:
The defendant is directed to pay Rs.77,000/- (Rupees seventy seven thousand only) as licence fee arrears from 01.07.2018 till 31.05.2019 with interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Documents & Evidence
Document Type:
Original Licence Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the licensing terms between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Photocopy of Registered lawyer notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the notice sent to the defendant regarding licence fee arrears.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Details the demand made by the plaintiff to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A3(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Demonstrates the failed delivery of legal notices.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Additional evidence of communication sent to the defendant.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as confirmation of postal dispatch for the notice.
Reference:
Ext.A5(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Indicates further attempts to communicate with the defendant.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings pertinent to the case.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional findings relevant to the plaintiff's claims.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further substantiation of the evidence considered by the court.
Reference:
Ext.C3
Document Type:
Commissioner’s sketch
Submitted By:
Court
Relevance:
Illustrates the location and nature of the plaint schedule property.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between T.K.Chidanand vs Shahabas regarding mandatory injunction and licence fee arrears.
Case Code Year
Case between T.K.Chidanand vs Shahabas regarding mandatory injunction and licence fee arrears.