Case Summary
Plaintiffs seek a mandatory injunction for the defendant to vacate a property they own, and damages for unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and damages for use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
The court decreed that the defendant must vacate the property owned by the plaintiffs and pay damages for use and occupation.
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
Considered the locational importance of the plaint schedule property and the hike in the occupational charges of the rooms in the recent past.
Judgment Evidence:
The suit is decreed as follows: 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. Kadalyi 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
- Fakkarudheen Ali Ahammad
- Party Age
- 45
- Relation
- S/o. Kammukkutty
Plaintiffs Documents
Agreement dated 2-12-1997, Registered Lawyer notice dated 23-12-2011 etc.
Defendants Documents
Not presented in court.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.A.Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V.Chandrasekharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant to vacate the 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:
Granted
Description:
Plaintiffs entitled to realize damages at the rate of Rs.1,000 per month from 10.1.2012
Evidence:
Plaintiffs are allowed to realise damages for use and occupation of the plaint schedule property at the rate of Rs.1,000/- per month from 10.1.2012 from the defendant and his assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
License agreement between defendant and previous owner
Reference:
Ext.A1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendant directing him to vacate the property
Reference:
Ext.A2
Document Type:
Returned Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of notice received by the defendant
Reference:
Ext.A3
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 Fakkarudheen Ali Ahammad regarding mandatory injunction and damages
Case Code Year
Case between Kadalayi Hussain et al vs Fakkarudheen Ali Ahammad regarding mandatory injunction and damages