Case Summary
The case involves V.T. Shimit as the plaintiff seeking a mandatory injunction to evict E. Vinod Kumar, the defendant, from the property. It also includes claims for arrears of license fees and damages for unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property within two months and pay Rs.21,000/- as arrears of license fee along with damages.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to evict the defendant from the property and to recover arrears of license fees and damages for unauthorized occupation.
Why Plaintiff Won:
The defendant was found to be in unauthorized occupation and failed to comply with the terms of the license agreement.
The defendant was found to be in unauthorized occupation and failed to comply with the terms of the license agreement.
Losing Side's Weaknesses:
The defendant was found to be in unauthorized occupation and failed to comply with the terms of the license agreement.
The defendant was found to be in unauthorized occupation and failed to comply with the terms of the license agreement.
Supporting Evidence
Thus it is found that the defendant is in unauthorized occupation from 26/5/2022 raising untenable contentions and without paying license fee.
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
- V.T. Shimit
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- E. Vinod Kumar
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Photocopy of Agreement, Photocopy of License agreement, Copy of lawyer notice, Postal receipt, Reply notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.A. Muhammed Hussain
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Sanjeevan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule property and put plaintiff in possession.
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.21,000/- as arrears of license fee.
Evidence:
Plaintiff is allowed to realise Rs.21,000/- (Rupees Twenty One Thousand Only) as arrears of license fee together with 6% interest per annum from 26/5/2022 till the realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is allowed to realise Rs.7,000/- per month as damages for unauthorized use and occupation.
Evidence:
Plaintiff is allowed to realise Rs.7,000/- (Rupees Seven Thousand Only) per month as damages for the unauthorized use and occupation from 27/5/2022 together with 6% interest from 27/5/2022 till date of vacating.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of Agreement dated 26-07-2017 that permitted the defendant to occupy the plaint schedule house.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of License agreement effective from 01-06-2012.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 26-05-2022 terminating the license.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A3(a)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 08-06-2022 issued by the defendant denying the contentions in the lawyer notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between V.T. Shimit vs E. Vinod Kumar regarding mandatory injunction and arrears of license fee
Case Code Year
Case between V.T. Shimit vs E. Vinod Kumar regarding mandatory injunction and arrears of license fee