Case Summary
Plaintiffs sought a mandatory injunction to vacate a property from the defendant, who occupied the premises in contravention of the license agreement. The court decreed in favor of the plaintiffs for eviction and awarded damages for use and occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for eviction and damages for use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
The court decreed in favor of the plaintiffs, granting a mandatory injunction for the defendant to vacate the property, and awarded damages for use and occupation.
Why Plaintiff Won:
The plaintiffs proved ownership and violation of the license agreement by the defendant, justifying the grant of the mandatory injunction and damages.
The plaintiffs proved ownership and violation of the license agreement by the defendant, justifying the grant of the mandatory injunction and damages.
Losing Side's Weaknesses:
The plaintiffs proved ownership and violation of the license agreement by the defendant, justifying the grant of the mandatory injunction and damages.
The plaintiffs proved ownership and violation of the license agreement by the defendant, justifying the grant of the mandatory injunction and damages.
Supporting Evidence
Considering the locational importance of the plaint schedule property and the hike in the occupational charges of the rooms in the recent past, I hold a view that plaintiffs are entitled to realization of damages for use and occupation at the rate of Rs.2,000/- per month from the defendant.
Judgment Evidence:
The suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today. 2. Plaintiffs are allowed to realise damages for use and occupation at the rate of Rs.2,000/- per month from 10.1.2012 from the defendant and her assets. 3. Plaintiffs are entitled to realise costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kadalayi Husain @ Bava Haji
- Party Age
- 59
- Relation
- S/o. Kadalayi Ahammad
- Party Role
- Plaintiff
- Party Name
- Bushra
- Party Age
- 43
- Relation
- W/o. Kadalayi Husain @ Bava Haji
- Party Role
- Plaintiff
- Party Name
- Ahammad Kabeer
- Party Age
- 24
- Relation
- S/o. Kadalayi Husain @ Bava Haji
- Party Role
- Defendant
- Party Name
- K.C. Vaheeda
- Party Age
- 45
- Relation
- W/o. Mundathottil Abdul Azeez
Plaintiffs Documents
Registered Lawyer Notice, Acknowledgement card, License Agreement
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiffs are allowed to realize damages for use and occupation at the rate of Rs.2,000/- per month from the defendant.
Evidence:
The suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today. 2. Plaintiffs are allowed to realise damages for use and occupation at the rate of Rs.2,000/- per month from 10.1.2012 from the defendant and her assets.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proved service of notice to defendant directing to vacate the property.
Reference:
A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidenced receipt of notice by the defendant.
Reference:
A2
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Established terms of the license agreement between plaintiffs and defendant.
Reference:
A3
Case Classification
Case Type
Civil Suit - Mandatory injunction and damages
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kadalayi Husain et al vs K.C. Vaheeda regarding mandatory injunction and damages for use and occupation
Case Code Year
Case between Kadalayi Husain et al vs K.C. Vaheeda regarding mandatory injunction and damages for use and occupation