Case Summary
Joseph P.M. filed a suit against Ranjith M. for mandatory injunction and recovery of arrears of license fee. The plaintiff claims that the defendant has not vacated the property as per the license agreement and has caused damage to it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property and pay Rs.25,000/- plus continuing monthly fees.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendant is directed to vacate the property and pay damages as specified.
Why Plaintiff Won:
The plaintiff proved the license agreement and the defendant's breach of it.
The plaintiff proved the license agreement and the defendant's breach of it.
Losing Side's Weaknesses:
The plaintiff proved the license agreement and the defendant's breach of it.
The plaintiff proved the license agreement and the defendant's breach of it.
Supporting Evidence
The ownership of the plaintiff over the plaint schedule property remains undisputed. Exhibit A1 is the copy of the license agreement between the plaintiff and the defendant evidencing the licensee licensor relationship between plaintiff and defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph P.M.
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ranjith M.
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Photocopy of license agreement executed between plaintiff and defendant, Copy of lawyer notice, Unserved notice, Photocopy of janmam assignment deed No.1102/2007 of SRO Chalappuram, Original agreement executed between plaintiff and Biju
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Lilly Kutty
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule property within 45 days
Evidence:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiffs shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant shall pay Rs.25,000 to the plaintiff with interest
Evidence:
The defendant shall pay Rs.25,000/- to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.5000 per month from date of suit till the date of surrender
Evidence:
The defendant shall pay Rs 5000 per month from date of suit till the date of surrender of plaint schedule property on payment of court fee under section 23 ( C ) of the Kerala Court Fees and Suits Valuation Act.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiffs
Evidence:
The defendant shall pay costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
evidencing the licensee licensor relationship between plaintiff and defendant
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
notice issued by the defendant
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
notice returned unserved
Reference:
Ext.A3
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
the title deed of the plaintiff
Reference:
Ext.A4
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
original agreement dated 10.07.2018
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Joseph P.M. vs Ranjith M. regarding mandatory injunction and recovery of arrears of license fee
Case Code Year
Case between Joseph P.M. vs Ranjith M. regarding mandatory injunction and recovery of arrears of license fee