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Original Suit No. 124 OF 2014

Case between Kadalayi Hussain et al vs Alukkal Moosa regarding mandatory injunction and damages for use and occupation

Court
Court of the Munsiff of Tirur
Judge
Sri. Biju V.G.
Order Date
2015-08-11
Duration
1 year
Case Closed
Tue, 08/11/2015 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiffs seek mandatory injunction to vacate a room from the defendant with realization of damages for use and occupation.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted mandatory injunction directing the defendant to vacate the room and pay damages for use and occupation to the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction and Damages for use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
The court granted mandatory injunction directing the defendant to vacate the room and pay damages for use and occupation to the plaintiffs.
Why Plaintiff Won:
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Supporting Evidence
I hold a view that plaintiffs are entitled to get a decree directing the defendant to vacate the plaint schedule room and for realization of damages for use and occupation at the rate of 1,000/- per month from 10.1.2012.

Judgment Evidence:

In the result, 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.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kadalayi Hussain
Party Age
59
Relation
S/o. Kadalayi Ahammad
Party Role
Plaintiff
Party Name
Bushra
Party Age
43
Relation
W/o. Kadalayi Hussain
Party Role
Plaintiff
Party Name
Ahammad Kabeer
Party Age
24
Relation
S/o. Kadalayi Hussain
Party Role
Defendant
Party Name
Alukkal Moosa
Party Age
60
Relation
S/o. Alukkal Moideen
Plaintiffs Documents
Document Nos.4688/2009, 496/2010, 497/2010, 1827/2010, Lawyer Notice
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.K.Moosakutty
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. M.A.Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.T.R.Vijayan
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Directing the defendant to vacate the plaint schedule property
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today.
Relief Type: Damages for Use and Occupation
Outcome: Partly Granted
Description:
Allowed at the rate of Rs.1,000 per month from 10.1.2012
Evidence:
I hold a view that plaintiffs are entitled to get a decree directing the defendant to vacate the plaint schedule room and for realization of damages for use and occupation at the rate of 1,000/- per month from 10.1.2012.

Documents & Evidence

Document Type: License Agreement
Submitted By: Plaintiff
Relevance:
Proof of license and terms of occupation
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Direction to vacate the property
Reference:
A2

Case Classification

Case Type
Civil Suit - Mandatory injunction and damages
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unauthorized occupation
Case Code
Case between Kadalayi Hussain et al vs Alukkal Moosa regarding mandatory injunction and damages for use and occupation
Case Code Year
Case between Kadalayi Hussain et al vs Alukkal Moosa regarding mandatory injunction and damages for use and occupation

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 08/11/2014 - 12:00
Case Closed
Tue, 08/11/2015 - 12:00
From
Sat, 08/01/2015 - 12:00
To
Mon, 08/31/2015 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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