Case Summary
The Young Women Christian Association (YWCA) filed a suit against Dr. Arshad.P and his legal heirs for eviction from a property after a license agreement was allegedly breached. The court considered the nature of the agreement and the subsequent non-payment of license fees.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to vacate the property, pay arrears of license fee and damages for unauthorized use.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to vacate the premises and to pay outstanding license fees and damages for unauthorized use of the property.
Why Plaintiff Won:
The court found sufficient evidence that the original defendant had breached the license agreement and continued occupying the property illegally.
The court found sufficient evidence that the original defendant had breached the license agreement and continued occupying the property illegally.
Losing Side's Weaknesses:
The court found sufficient evidence that the original defendant had breached the license agreement and continued occupying the property illegally.
The court found sufficient evidence that the original defendant had breached the license agreement and continued occupying the property illegally.
Supporting Evidence
The quintessential question for determination is the nature of the relationship between the plaintiff and defendant... In the absence of evidence to prove or to suggest any foul play in the execution of Ext. A2, the only possible conclusion that can be drawn is that the original defendant... entered into a transaction by executing Ext. A2.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) That the defendants are hereby directed by way of a mandatory injunction to remove themselves from the plaint schedule property within a period of one month from today failing which the plaintiff can execute the order by the process of the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Young Women Christian Association (YWCA)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Dr.Arshad.P(died)
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sabeena.N.K
- Relation
- W/o. (Late)Dr.Arshad.P
- Party Role
- Defendant
- Party Name
- Irin Ayisa.P
- Relation
- D/o. (Late)Dr.Arshad.P
- Party Role
- Defendant
- Party Name
- Naved Mahasin
- Relation
- S/o. (Late)Dr.Arshad.P
- Party Role
- Defendant
- Party Name
- Iyin Shahariyan
- Relation
- S/o. (Late)Dr.Arshad.P
Plaintiffs Documents
License agreement entered into on 15.01.2019, Lawyer notice dated 07.09.2020.
Defendants Documents
Cash bills issued by Indo electricals, Computer print of cash bill issued from Spario Bath Solution.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Simon Chacko
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muhammed Haneef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Forcing the defendants to vacate the property.
Evidence:
Hence I find that the plaintiff is entitled for the relief as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Ordering the defendants to pay the arrears of license fee.
Evidence:
Hence I find that the plaintiff is entitled for the arrears of license fee as prayed for.
Relief Type:
Damages
Outcome:
Granted
Description:
For illegal use and occupation of the property.
Evidence:
Hence I find that the plaintiff is entitled for damages for use and occupation for the period occupied.
Documents & Evidence
Document Type:
Minutes of Board of Management
Submitted By:
Plaintiff
Relevance:
Document demonstrating the authorization of the plaintiff to file the suit.
Reference:
Ext.A1
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
Primary document outlining the terms of the license agreement between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document notifying the defendant about the termination of the license agreement.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supportive evidence of the plaintiff's claims regarding property tax.
Reference:
Ext.A4
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing payments made related to the property.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidences payments made for building maintenance.
Reference:
Ext.A8
Document Type:
Personal Diary
Submitted By:
Defendant
Relevance:
Document from the defendant supporting their claims.
Reference:
Ext.B1
Document Type:
Cash bills
Submitted By:
Defendant
Relevance:
Supporting documents for expenditures made by the defendant.
Reference:
Ext.B2
Document Type:
Computer print of Gypsum Work details
Submitted By:
Defendant
Relevance:
Evidences renovations made by the defendant.
Reference:
Ext.B3
Document Type:
Demand cum disconnection notice
Submitted By:
Defendant
Relevance:
Evidence of disputes related to utility payments.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Young Women Christian Association (YWCA) vs Dr.Arshad.P et al regarding eviction and damages for unauthorized use
Case Code Year
Case between Young Women Christian Association (YWCA) vs Dr.Arshad.P et al regarding eviction and damages for unauthorized use