Case Summary
The plaintiffs, Hilar @ Bava and Abdurahiman, are seeking eviction of the defendant, Saleem Poolakkatt, from a property and compensation for wrongful occupation. The defendant has failed to vacate the premises despite receiving notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the defendant, recovery of Rs. 44,000/- as license fee, and Rs. 4000/- per month as compensation.
Case Type
Original Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them eviction of the defendant from the property as well as compensation for wrongful use and occupation. The defendant is ordered to vacate within 2 months.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
The plaintiff provided cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
The plaintiff provided cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
Supporting Evidence
The plaintiff has adduced evidence in tune with the averments in the plaint. Since the defendants remained ex parte, the evidence adduced by the plaintiff remained unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows. i. The defendant is directed by a mandatory injunction to give vacant possession of the plaint schedule quarters to the plaintiff within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hilar @ Bava
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdurahiman
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saleem Poolakkatt
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Lawyer Notice dt; 26-11-2018, Postal Receipt and AD Card, Licence Agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.M.V.Bindu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to give vacant possession of the plaint schedule quarters.
Evidence:
The defendant is directed by a mandatory injunction to give vacant possession of the plaint schedule quarters to the plaintiff within 2 months from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
Plaintiff entitled to evict the defendant if not vacated in 2 months.
Evidence:
If the defendant fails to vacate the house within 2 months, the plaintiff is entitled to evict the defendant from the above said quarters through the process of the court.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize an amount of Rs. 44,000/- as license fee from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs. 44,000/- (Rupees Forty four thousand only) as license fee from the defendant and his assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs. 4000/- per month as compensation for wrongful use and occupation.
Evidence:
The plaintiff is also entitled to recover Rs. 4000/- per month as compensation for the wrongful use and occupation of the room, from the defendant from 18.01.2019 till the surrender of the scheduled quarters.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to terminate the license agreement with the defendant.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the license for occupation of the quarters.
Reference:
Ext.A2
Case Classification
Case Type
Original Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Hilar @ Bava et al vs Saleem Poolakkatt regarding eviction and compensation
Case Code Year
Case between Hilar @ Bava et al vs Saleem Poolakkatt regarding eviction and compensation