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ORIGINAL SUIT No. 874/2018

Case between Assan Maanu vs Abdul Asees.K regarding mandatory injunction and damages

Court
ADDITIONAL MUNSIFF -II, KOZHIKODE
Judge
Smt.MEERA JOHN.K
Order Date
2025-03-05
Duration
approximately-6 years 3 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Assan Maanu, filed a suit against the defendant, Abdul Asees.K, for mandatory injunction and damages for use and occupation of a shop room. The plaintiff claims that the defendant illegally occupied the premises beyond the expiration of the license agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, directing the defendant to vacate the shop room and awarding damages to the plaintiff for use and occupation.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate from the plaint schedule shop room and remove his articles within two months.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the shop room and awarding damages to the plaintiff for use and occupation.
Why Plaintiff Won:
The plaintiff proved the unauthorized use and occupation of the shop room by the defendant beyond the license agreement.
Losing Side's Weaknesses:
The plaintiff proved the unauthorized use and occupation of the shop room by the defendant beyond the license agreement.
Supporting Evidence
The evidence of PW1 and PW2 and the documents produced remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed with costs as follows: 1) Defendant is directed to vacate from the plaint schedule shop room and remove his articles within two months from today failing which plaintiff can get the defendant evicted from the said room through the process of this court at the costs of the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Assan Maanu
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Abdul Asees.K
Party Age
60
Relation
S/o
Plaintiffs Documents
License agreement between plaintiff and defendant, lawyer notice to Abdul Asees, various receipts and letters related to the case.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.K.P.Gangadharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv.K.M.Musthafa
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendant is directed to vacate from the plaint schedule shop room and remove his articles.
Evidence:
Defendant is directed to vacate from the plaint schedule shop room and remove his articles within two months from today failing which plaintiff can get the defendant evicted from the said room through the process of this court at the costs of the defendant.
Relief Type: Damages
Outcome: Granted
Description:
Plaintiff is entitled to realise Rs.15,000/- per month from the defendant for use and occupation.
Evidence:
Plaintiff is entitled to realise Rs.15,000/-(Rupees fifteen thousand only) per month from the defendant for use and occupation from 01.12.2018 till the defendant vacates from the plaint schedule property.

Documents & Evidence

Document Type: License Agreement
Submitted By: Plaintiff
Relevance:
This document is the license agreement executed between the plaintiff and defendant permitting the defendant to occupy the plaint schedule shop room.
Reference:
Ext.A1
Document Type: License Agreement
Submitted By: Plaintiff
Relevance:
This document is a renewed license agreement between the plaintiff and defendant for occupation of the plaint schedule shop room.
Reference:
Ext.A2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was issued by the plaintiff to the defendant to vacate the plaint schedule shop room.
Reference:
Ext.A3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This document serves as a receipt for sending the lawyer notice.
Reference:
Ext.A3(a)
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
This document is the postal acknowledgment card returning the notice sent to the defendant.
Reference:
Ext.A3(b)
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
This is the reply notice issued by the defendant in response to the plaintiff's lawyer notice.
Reference:
Ext.A4
Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
This document is a certified copy of the gift deed related to the plaint schedule property.
Reference:
Ext.A5
Document Type: Janmam Assignment Deed
Submitted By: Plaintiff
Relevance:
This document is the Janmam assignment deed pertaining to the plaint schedule property.
Reference:
Ext.A6
Document Type: Building permit and plan
Submitted By: Plaintiff
Relevance:
This document confirms the building permit and plan approval for the plaint schedule property.
Reference:
Ext.A7
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This document is the settlement deed related to the plaint schedule property.
Reference:
Ext.A8
Document Type: Letter from Chammalil Mahallu Committee
Submitted By: Plaintiff
Relevance:
This document contains a letter from the local community committee related to the plaintiff.
Reference:
Ext.A9
Document Type: Certificate from Ramanattukara Mahallu committee
Submitted By: Plaintiff
Relevance:
This certificate is from the local Mahallu committee regarding the plaintiff.
Reference:
Ext.A9(a)
Document Type: Application to Secretary, Chammalil Mahallu Committee
Submitted By: Plaintiff
Relevance:
This document is an application submitted by the plaintiff to the Mahallu committee.
Reference:
Ext.A9(b)
Document Type: Letter from Secretary, Chammalil Mahallu Committee
Submitted By: Plaintiff
Relevance:
This letter is from the secretary of the Mahallu committee addressed to the plaintiff.
Reference:
Ext.A9(c)
Document Type: Copy of letter to Secretary, Ramanattukara Municipality
Submitted By: Plaintiff
Relevance:
This document is a copy of a letter sent to the municipality secretary by the plaintiff.
Reference:
Ext.A10
Document Type: Receipt from Ramanattukara Municipality
Submitted By: Plaintiff
Relevance:
This is the receipt from the municipality related to the plaintiff's correspondence.
Reference:
Ext.A10(a)
Document Type: Certificate issued by Secretary, Ramanattukara Municipality
Submitted By: Plaintiff
Relevance:
This document is a certificate from the municipality providing information pertinent to the suit.
Reference:
Ext.A10(b)
Document Type: Copy of Application under RTI Act
Submitted By: Plaintiff
Relevance:
This document is a copy of an application filed under the RTI Act before the municipality.
Reference:
Ext.A11
Document Type: Receipt from Ramanattukara Municipality
Submitted By: Plaintiff
Relevance:
This is the receipt related to the RTI application filed by the plaintiff.
Reference:
Ext.A11(a)
Document Type: Copy of Application under RTI Act
Submitted By: Plaintiff
Relevance:
This document is another RTI application filed before the municipality by the plaintiff.
Reference:
Ext.A12
Document Type: Reply received from Ramanattukara Municipality under RTI Act
Submitted By: Plaintiff
Relevance:
This document contains the reply received from the municipality regarding the RTI Act application.
Reference:
Ext.A12(a)
Document Type: Copy of Application under RTI Act
Submitted By: Plaintiff
Relevance:
This document is an application under the RTI Act filed before the Goods Service Tax Department.
Reference:
Ext.A13
Document Type: Reply received from state Goods service tax Department under RTI Act
Submitted By: Plaintiff
Relevance:
This document is the reply from the state Goods service tax department regarding the RTI application.
Reference:
Ext.A13(a)
Document Type: Copy of Application under RTI Act
Submitted By: Plaintiff
Relevance:
This document is a copy of an application filed under RTI Act before the Deputy Director of Panchayat office.
Reference:
Ext.A14
Document Type: Acknowledgment received from Deputy Director of Panchayath
Submitted By: Plaintiff
Relevance:
This document is an acknowledgment from the Deputy Director in response to the RTI application.
Reference:
Ext.A14(a)
Document Type: Reply received from Deputy Director of Panchayath office
Submitted By: Plaintiff
Relevance:
This is the reply received from the Deputy Director of Panchayat office regarding the RTI application from the plaintiff.
Reference:
Ext.A14(b)
Document Type: Reply received from State Goods service Tax department from under RTI Act
Submitted By: Plaintiff
Relevance:
This document is the reply received under RTI Act from the State Goods service tax department.
Reference:
Ext.A15
Document Type: Copy of license agreement received under RTI Act
Submitted By: Plaintiff
Relevance:
This document is a copy of a license agreement received under the RTI Act.
Reference:
Ext.A15(a)
Document Type: License Agreement
Submitted By: Plaintiff
Relevance:
This is a license agreement executed between the plaintiff and Abdul Azeez.
Reference:
Ext.A16
Document Type: Common Report
Submitted By: Court
Relevance:
This is a report submitted to the court as part of the case records.
Reference:
Ext.C1
Document Type: Advocate Commissioner’s Plan
Submitted By: Court
Relevance:
This document is an advocate commissioner's plan submitted to the court.
Reference:
Ext.C1(a)

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 Assan Maanu vs Abdul Asees.K regarding mandatory injunction and damages
Case Code Year
Case between Assan Maanu vs Abdul Asees.K regarding mandatory injunction and damages

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Sat, 12/01/2018 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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