Case Summary
Plaintiff sought mandatory injunction and damages for defendant's unauthorized occupation of plaintiff's property despite repeated demands to vacate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory prohibitory injunction and damages for unauthorized use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today. 2. Plaintiff is allowed to realise damages for use and occupation of the plaint schedule property at the rate of Rs.2,000/- per month from 25.10.2016 from the defendant and his assets.
Parties Involved
Plaintiffs
Moossakkutti (59 years)
Cheriyamundam amsom, Thalakadathur desom, & Post, Pin: 676 103, Tirur Taluk.
Musheer Ahammed (24 years)
Cheriyamundam amsom, Thalakadathur desom, & Post, Pin: 676 103, Tirur Taluk.
Defendants
Abdul Azees (41 years)
Cheriyamundam amsom, Thalakadathur desom & Post, Pin: 676 103, Tirur Taluk.
Reliefs
Relief Type:
Mandatory prohibitory injunction
Outcome:
Granted
Description:
Defendant directed to vacate plaintiff's property within one month.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today.
Relief Type:
Damages for unauthorized use and occupation
Outcome:
Granted
Description:
Plaintiff awarded damages at the rate of Rs.2,000/- per month from 25.10.2016.
Evidence:
Plaintiff is allowed to realise damages for use and occupation of the plaint schedule property at the rate of Rs.2,000/- per month from 25.10.2016 from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendant.
Evidence:
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Document proving ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Proof of payment of property tax.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Receipt of basic tax payment.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant to vacate the property and pay damages.
Reference:
Ext.A2