Case Summary
Bency and Company, represented by Mr. Muhammed Abdul Kareem Faisal, filed a suit against Anas Thottiyil for mandatory injunction. The case involves arrears of license fee and unauthorized occupation of a property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to give vacant possession and pay arrears of license fee and compensation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the premises and pay the arrears and compensation to the plaintiff.
Why Plaintiff Won:
Plaintiffs proved that the defendant defaulted on the license fee and continued unauthorized occupation.
Plaintiffs proved that the defendant defaulted on the license fee and continued unauthorized occupation.
Losing Side's Weaknesses:
Plaintiffs proved that the defendant defaulted on the license fee and continued unauthorized occupation.
Plaintiffs proved that the defendant defaulted on the license fee and continued unauthorized occupation.
Supporting Evidence
Plaintiffs rely on Ext.A1 license agreement in order to prove that defendant is the licensee of the plaint schedule property owned by plaintiff. As defendant kept license fee in arrears, plaintiffs are entitled get eviction and license fee arrears from the defendant.
Judgment Evidence:
In the result, 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. 2. The defendant is also directed to pay Rs.1,16,511/- (Rupees One Lakh Sixteen Thousand Five Hundred And Eleven Only) to the plaintiff towards arrears of license fee as on 30/09/2024. 3. The plaintiff is also entitled to realise a compensation of 21,379/- (Rupees Twenty One Thousand Three Hundred And Seventy Nine Only) per month from 01.11.2023 the date of suit till realization as compensation for the unauthorized occupation on payment of court fee.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bency and Company
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anas Thottiyil
- Relation
- S/o
Plaintiffs Documents
Licence Agreement (Original) executed between plaintiff and defendant, Lawyer notice copy issued to defendant, Postal receipt, Unserved Notice, Extract of ledger account from 01/04/2023 to 01/09/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Madhumohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Unnikrishnan Puthalath
- 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 must pay arrears of license fee to the plaintiff.
Evidence:
The defendant is also directed to pay Rs.1,16,511/- (Rupees One Lakh Sixteen Thousand Five Hundred And Eleven Only) to the plaintiff towards arrears of license fee as on 30/09/2024.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to compensation for unauthorized occupation.
Evidence:
The plaintiff is also entitled to realise a compensation of 21,379/- (Rupees Twenty One Thousand Three Hundred And Seventy Nine Only) per month from 01.11.2023 the date of suit till realization as compensation for the unauthorized occupation on payment of court fee.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant must pay the costs of the suit to the plaintiff.
Evidence:
The defendant is directed to pay the costs 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 plaintiff.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy issued to defendant, relevant for establishing communication about default.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Supports the issuance of the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Unserved notice
Submitted By:
Plaintiff
Relevance:
Indicates the notice sent to the defendant was unclaimed.
Reference:
Ext.A2(b)
Document Type:
Ledger Account Extract
Submitted By:
Plaintiff
Relevance:
Provides evidence of the arrears towards license fee.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Bency and Company vs Anas Thottiyil regarding mandatory injunction
Case Code Year
Case between Bency and Company vs Anas Thottiyil regarding mandatory injunction