Case Summary
The plaintiffs are T.Sunitha, T Sushama, and T Sushitha who claim possession of scheduled properties that belonged to their deceased father. The defendant, M.Raveendranath, is accused of occupying the premises unlawfully after the termination of a license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order to surrender vacant possession of the plaint schedule property and pay damages of Rs. 3000 per month.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, ruling that the defendant is unlawfully occupying the plaintiffs' property after the license agreement was terminated.
Why Plaintiff Won:
The plaintiffs successfully proved that the defendant was an unauthorized occupant following the termination of the license.
The plaintiffs successfully proved that the defendant was an unauthorized occupant following the termination of the license.
Losing Side's Weaknesses:
The plaintiffs successfully proved that the defendant was an unauthorized occupant following the termination of the license.
The plaintiffs successfully proved that the defendant was an unauthorized occupant following the termination of the license.
Supporting Evidence
What emerges from the discussions in the foregoing paragraphs is that the defendant is a licensee in occupation of plaint schedule property and that he is in illegal occupation of the same.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That the defendant is hereby directed to surrender the vacant possession of the plaint schedule property to the plaintiffs on strength of their title within two months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.Sunitha
- Party Age
- 53
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- T Sushama
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- T Sushitha
- Party Age
- 47
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- M.Raveendranath
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
License agreement dated 01.01.2020, lawyer notice dated 22.02.2021.
Defendants Documents
Cash receipts issued in the name of Raveendran.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.Vinod Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajith Kumar.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of the plaint schedule property from the defendant.
Evidence:
The plaintiff is entitled to recover the possession of the plaint schedule property from the defendant.
Relief Type:
Damages
Outcome:
Granted
Description:
Rs. 3000 per month as damages for use and occupation from the date of filing of the suit.
Evidence:
The plaintiffs are entitled to damages for use and occupation at the rate of Rs.3000 per month from date of the suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant shall pay the costs of the suit.
Evidence:
I find no reason to deviate from the normal rule that the costs shall follow the event.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The court used this document to determine the nature of the relationship between the plaintiffs and the defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was used to establish that the license was terminated.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt was used to show proof of sending the notice.
Reference:
Ext.A2(c)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt was used to show proof of sending the notice.
Reference:
Ext.A2(d)
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
This receipt was presented by the defendant to support his claim of having paid rent.
Reference:
Ext.B1
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
This receipt was presented by the defendant as evidence of rent payment.
Reference:
Ext.B2
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
This receipt was presented by the defendant as evidence of previous rent payment.
Reference:
Ext.B3
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
This receipt was presented to show further payment activities by the defendant.
Reference:
Ext.B4
Document Type:
Money order receipt
Submitted By:
Defendant
Relevance:
This receipt was used to show evidence of rental payment attempt by the defendant.
Reference:
Ext.B5
Document Type:
Consent letter
Submitted By:
Defendant
Relevance:
This document was used to argue the defendant's position regarding his occupancy.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between T.Sunitha, T Sushama, T Sushitha vs M.Raveendranath regarding recovery of possession and damages.
Case Code Year
Case between T.Sunitha, T Sushama, T Sushitha vs M.Raveendranath regarding recovery of possession and damages.