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ORIGINAL SUIT No. 46 OF 2017

Case between Hamza et al vs The Chairman & Managing Director et al regarding property dispute

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-09-28
Duration
Less than 3 months
Case Closed
Thu, 09/28/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court granted a mandatory injunction directing the defendants to vacate the property and awarded damages of Rs. 30,000 per month to plaintiffs.
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
Losing Side's Weaknesses:
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 06/16/2017 - 12:00
Case Closed
Thu, 09/28/2017 - 12:00
From
Fri, 09/01/2017 - 12:00
To
Sat, 09/30/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Government

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