Case Summary
The plaintiff, Valappil Abdurahiman, is seeking a mandatory injunction to evict the defendant, Maliyekkal Fasil, from the property he leased for a barber shop. The plaintiff claims the defendant has not paid the agreed license fees and has abandoned the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the property; Plaintiff is allowed to recover Rs. 12,000/- as arrears and Rs. 12,600/- as damages.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must vacate the property and allow the plaintiff to regain possession. The court also awarded the plaintiff arrears of license fee and damages for unauthorized occupation.
Why Plaintiff Won:
The plaintiff proved the defendant's default in payment and unauthorized occupation of the property.
The plaintiff proved the defendant's default in payment and unauthorized occupation of the property.
Losing Side's Weaknesses:
The plaintiff proved the defendant's default in payment and unauthorized occupation of the property.
The plaintiff proved the defendant's default in payment and unauthorized occupation of the property.
Supporting Evidence
The unchallenged evidence of the plaintiff proves the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: Defendant is directed by way of mandatory injunction to vacate the plaint schedule property and put plaintiff in possession of the said property within two months from this date.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Valappil Abdurahiman
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Maliyekkal Fasil
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice, Acknowledgment card, Postal receipt, Original lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandeep Krishnan.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V. Sunil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed by way of mandatory injunction to vacate the plaint schedule property and put plaintiff in possession of the said property within two months.
Evidence:
Defendant is directed by way of mandatory injunction to vacate the plaint schedule property and put plaintiff in possession of the said property within two months from this date.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise Rs.12,000/- per month from February 2020 till 6/7/2020 as arrears of license fee.
Evidence:
Plaintiff is allowed to realise Rs.12,000/- (Rupees Twelve Thousand Only) per month from February 2020 till 6/7/2020 as arrears of license fee together with 9% interest per annum till realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise Rs.12,600/- per month as damages for the unauthorized use and occupation from 6/7/2020.
Evidence:
Plaintiff is allowed to realise Rs.12,600/- per month as damages for the unauthorized use and occupation from 6/7/2020 together with 9% interest till date of vacating.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice issued terminating the license arrangement, its postal receipt and acknowledgment card show that the said notice was received by the defendant.
Reference:
Ext.A1 series
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The Ext A2 shows that the defendant didn’t vacate the premises.
Reference:
Ext.A2
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 Valappil Abdurahiman vs Maliyekkal Fasil regarding mandatory injunction and arrears of license fee
Case Code Year
Case between Valappil Abdurahiman vs Maliyekkal Fasil regarding mandatory injunction and arrears of license fee