Commercial Suit No. 80/2024

Case between Cheriya Thaithottathil Subaida et al vs Mohammed Abdul Ansari regarding realisation of money

Court

IN THE COURT OF THE COMMERCIAL JUDGE/ 1st ADDL.SUB JUDGE, KOZHIKODE

Judge

Sri.Krishnankutty.K.V

Order Date

2025-12-09

Duration

Case Closed

Tue, 12/09/2025 - 12:00

Judgement document from eCourt website

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Case Summary

The plaintiffs, Cheriya Thaithottathil Subaida and Palakkandy Shereefa, are involved in a suit against the defendant, Mohammed Abdul Ansari, for the recovery of dues. The case revolves around the realization of arrears in license fees and damages for the use of premises.

Judgment Outcome

Plaintiff Won

Interim Order

The court directed the defendant to pay the plaintiffs a sum of ₹16,60,800 as arrear license fee and damages. Additionally, monthly damages were awarded until the defendant ceases to use the premises.

Judgment Favored

Plaintiff

Relief Granted

Defendant is directed to pay ₹16,60,800 as balance arrear licence fee and damages, along with monthly damages of ₹97,000 and 9% interest.

Case Type

Commercial Suit

Final Judgment

Why Plaintiff Won:
The case of the plaintiff stands proved based on the affidavit and evidence presented.

Losing Side's Weaknesses:
The case of the plaintiff stands proved based on the affidavit and evidence presented.

Supporting Evidence

From the facts sworn in the affidavit as PW1 in support of Ext. A1 to A6 the case of the plaintiff stands proved.

Judgment Evidence:

Defendant is directed to pay the plaintiff an amount of 16,60,800/-(Rupees Sixteen Lakhs Sixty Thousand Eight Hundred only) being the balance arrear licence fee and damages for use and occupation...

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Cheriya Thaithottathil Subaida
Party Age: 68
Relation: D/o

Party Role: Plaintiff
Party Name: Palakkandy Shereefa
Party Age: 55
Relation: D/o

Party Role: Defendant
Party Name: Mohammed Abdul Ansari
Party Age: 57
Relation: S/o

Plaintiffs Documents

Agreement between Plaintiffs and Defendant, Lawyer notice to Defendant, Reply for Lawyer notice, Supplemental Lawyer notice, Non starter report, Building Tax receipts.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri.K.P.Mayan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri.Clint.H
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.Anil Viswanath
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Defendant is directed to pay the plaintiff an amount of 16,60,800/- being the balance arrear licence fee and damages for use and occupation.

Evidence:

Defendant is directed to pay the plaintiff an amount of 16,60,800/- (Rupees Sixteen Lakhs Sixty Thousand Eight Hundred only) being the balance arrear licence fee and damages for use and occupation.

Relief Type: Recovery

Outcome: Granted

Description:

Further amounts by way of damages for use and occupation at Rs. 97,000/- per month from the date of the suit.

Evidence:

further amounts by way of damages for use and occupation at Rs. 97,000/- (Ninety Seven Thousand only) per month from the date of the suit till the date the defendant ceases to enter and/or use the schedule premises.

Relief Type: Recovery

Outcome: Granted

Description:

Plaintiff is entitled to realise the costs of the suit.

Evidence:

Plaintiff is entitled to realise the costs of the suit.