Case Summary
Abdul Kalam Asad sued Sulaiman. C for mandatory injunction to vacate the rental property and pay damages for use and occupation due to rent arrears and refusal to vacate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and pay damages for use and occupation
Case Type
Civil Suit - Mandatory injunction and realization of damages
Final Judgment
No
Why Plaintiff Won:
The defendant failed to pay rent arrears, delayed vacating the property, and the plaintiff proved the market value of the property.
The defendant failed to pay rent arrears, delayed vacating the property, and the plaintiff proved the market value of the property.
Judgment Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today. The defendant shall pay damages for use and occupation of the plaint schedule building at the rate of Rs. 5,000/- per month from 01-06-2015 from the defendant and his assets.
Parties Involved
Plaintiffs
Abdul Kalam Asad (27 years)
Alangattil House, Tanaloor amsom, Pakara desom, Tirur Taluk
Defendants
Sulaiman. C (42 years)
Chakkiyathil House, Tanaloor amsom, Pakara desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To vacate the plaint schedule property within a 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:
Realization of damages for use and occupation
Outcome:
Granted
Description:
To pay damages at the rate of Rs. 5,000/- per month from 01-06-2015
Evidence:
The defendant shall pay damages for use and occupation of the plaint schedule building at the rate of Rs. 5,000/- per month from 01-06-2015 from the defendant and his assets.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant regarding the rental dispute
Reference:
A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgement of receipt for communication
Reference:
A2
Document Type:
Rent register
Submitted By:
Plaintiff
Relevance:
Document showing the rent history
Reference:
A3
Document Type:
Receipt book
Submitted By:
Plaintiff
Relevance:
Records of rent payments
Reference:
A4
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Copy of the assignment deed
Reference:
A6