Case Summary
The suit involved a property dispute where plaintiffs sought a mandatory injunction to vacate the property, realize damages, and recover rent arrears from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injuction to vacate property, Damages @ Rs. 30,000 per month
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
The court granted a mandatory injunction directing the defendants to vacate the property and awarded damages of Rs. 30,000 per month to plaintiffs.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
According to PW1, he bonafide needs the plaint schedule room for the purpose of starting a whole sale business of disposable glasses and plates.
Judgment Evidence:
The defendants are directed by a mandatory injunction to vacate the plaint schedule room from 1 month today. The plaintiffs are allowed to realize damages for use and occupation and plaint schedule room @ Rs. 30,000/- per month from 20-1-2017.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hamza
- Party Age
- 48
- Relation
- S/o Tharamaparambil Aboobacker
- Party Role
- Plaintiff
- Party Name
- Abdul Shukkoor
- Party Age
- 42
- Relation
- S/o Tharamaparambil Aboobacker
- Party Role
- Plaintiff
- Party Name
- Sainaba
- Party Age
- 45
- Relation
- D/o Tharamaparambil Aboobacker
- Party Role
- Plaintiff
- Party Name
- Ramla
- Party Age
- 43
- Relation
- D/o Tharamaparambil Aboobacker
- Party Role
- Plaintiff
- Party Name
- Aabida
- Party Age
- 37
- Relation
- W/o Tharamaparambil Abdul Shukkoor
- Party Role
- Defendant
- Party Name
- The Chairman & Managing Director
- Party Role
- Defendant
- Party Name
- The Regional Manager
- Party Role
- Defendant
- Party Name
- The Asst. Manager
Plaintiffs Documents
Copy of Lawyer notice, A/D cards, Postal receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Vipin
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.Shamsudheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandartory Injunction
Outcome:
Granted
Description:
Directing defendants to vacate the property
Evidence:
The defendants are directed by a mandatory injunction to vacate the plaint schedule room from 1 month today.
Relief Type:
Damages @ Rs. 30,000 per month
Outcome:
Granted
Description:
Realization of damages for use and occupation @ Rs. 30,000 per month
Evidence:
The plaintiffs are allowed to realize damages for use and occupation and plaint schedule room @ Rs. 30,000/- per month from 20-1-2017.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Evidenced notice sent to defendants to vacate the property.
Reference:
Ext.A1
Document Type:
AD cards, Postal receipts
Submitted By:
Plaintiff
Relevance:
Associated documents with the lawyer notice.
Reference:
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report detailing the location, condition, and use of the plaint schedule room.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan showing the layout of the plaint schedule room.
Reference:
C2
Case Classification
Case Type
Civil Suit - Mandatory Injunction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Violation of tenancy agreement
Case Code
Case between Hamza et al vs The Chairman & Managing Director et al regarding property dispute
Case Code Year
Case between Hamza et al vs The Chairman & Managing Director et al regarding property dispute