Case Summary
Plaintiffs seek mandatory injunction to vacate a room from the defendant with realization of damages for use and occupation.
Judgment Outcome
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
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
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