Case Summary
The plaintiff, Ashraf, is involved in a suit against the Calicut Christian Co-operative Credit Society Limited regarding a mandatory injunction. The plaintiff claims that the defendant failed to vacate the premises as per the expiration of the license agreement and has not paid the license fees due.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to give vacant possession of the plaint schedule building, pay Rs.1,16,820/- towards arrears of license fee, and Rs.1,30,500/- towards damages for unauthorized use.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to vacate the premises and pay the overdue license fees and damages.
Why Plaintiff Won:
The plaintiff is entitled to the reliefs claimed due to non-compliance by the defendant with the license agreement and subsequent demands.
The plaintiff is entitled to the reliefs claimed due to non-compliance by the defendant with the license agreement and subsequent demands.
Losing Side's Weaknesses:
The plaintiff is entitled to the reliefs claimed due to non-compliance by the defendant with the license agreement and subsequent demands.
The plaintiff is entitled to the reliefs claimed due to non-compliance by the defendant with the license agreement and subsequent demands.
Supporting Evidence
The plaintiff by Ext.A2 revoked the license. As defendant kept license fee in arrears, plaintiff is entitled to get eviction and license fee arrears from the defendant.
Judgment Evidence:
The suit is decreed as follows: 1.The defendant is directed to give vacant possession of the plaint schedule building and to remove the articles belonging to him kept in the plaint schedule building within 2 months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashraf
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Calicut Christian Co-operative Credit Society Limited
- Party Age
- 70
- Relation
- Represented by
Plaintiffs Documents
License Agreement executed between Plaintiff and Defendant, Copy of Lawyer Notice with Postal Receipt & Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B. Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anirudh. N.R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- T. Jaleel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to give vacant possession of the plaint schedule building.
Evidence:
The defendant is directed to give vacant possession of the plaint schedule building and to remove the articles belonging to him kept in the plaint schedule building within 2 months from the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay Rs.1,16,820/- towards arrears of license fee.
Evidence:
The defendant is also directed to pay Rs.1,16,820/- (Rupees One Lakh Sixteen Thousand Eight Hundred And Twenty Only) towards arrears of license fee from 2023 upto and inclusive of March 2024 with future interest at the rate of 6% per annum till the date of realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant is directed to pay an amount of Rs.1,30,500/- towards damages for unauthorized use and occupation.
Evidence:
Defendant is directed to pay an amount of 1,30,500/- (Rupees One Lakh Thirty Thousand And Five Hundred Only) towards damages for unauthorized use and occupation of the plaint schedule shop room at the rate of 16,500/- (Rupees Sixteen Thousand And Five Hundred Only) per month from April 2024.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay the cost of the suit to the plaintiff.
Evidence:
Defendant is directed to pay the cost of the suit to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Proves that defendant is the licensee of the plaint schedule property owned by the plaintiff and other co-owners.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Revocation of the license due to non-payment of license fee arrears.
Reference:
Ext.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 Ashraf vs Calicut Christian Co-operative Credit Society Limited regarding mandatory injunction
Case Code Year
Case between Ashraf vs Calicut Christian Co-operative Credit Society Limited regarding mandatory injunction