Case Summary
The plaintiff Ashokan.P filed a suit against the defendant Salman Haris for mandatory injunction and for the realization of arrears of license fee and damages for use and occupation. The defendant had not adhered to the license agreement concerning the use of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property within 45 days and pay Rs.60,000 with interest to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with a mandatory injunction against the defendant to vacate the plaint schedule property and pay arrears of license fee.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence of ownership and licensor-licensee relationship.
The plaintiff provided unrebutted evidence of ownership and licensor-licensee relationship.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence of ownership and licensor-licensee relationship.
The plaintiff provided unrebutted evidence of ownership and licensor-licensee relationship.
Supporting Evidence
The PW1 has deposed in tune with the plaint averments. The period of license agreement has expired, and hence, the plaintiff is entitled to a decree of mandatory injunction as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1. Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashokan.P
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Salman Haris
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice dated 13.03.2024, Postal Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Govind.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.D.Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days.
Evidence:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant shall pay Rs.60,000/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation.
Evidence:
The defendant shall pay Rs.60,000/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant shall pay Rs.10,000/- per month from the date of suit till the date of surrender of plaint schedule property.
Evidence:
The defendant shall pay Rs.10,000/- per month from date of suit till the date of surrender of plaint schedule property on payment of court fee under section 23 (C) of the Kerala Court Fees and Suits Valuation Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiffs.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A1 series is the office copy of the lawyer notice dated 13.03.2024 along with postal receipt.
Reference:
A1 series
Document Type:
Notice returned unserved
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the notice returned unserved.
Reference:
A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Ashokan.P vs Salman Haris regarding mandatory injunction and recovery of arrears of license fee.
Case Code Year
Case between Ashokan.P vs Salman Haris regarding mandatory injunction and recovery of arrears of license fee.