Case Summary
Plaintiffs, including Kadalayi Hussain and Bushra, sought a mandatory injunction to evict the defendant from the property along with damages for unauthorized 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
Plaintiffs were granted a decree for a mandatory injunction directing the defendant to vacate the property 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
Not available
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. Kadalayi Hussain
- Party Role
- Plaintiff
- Party Name
- Bushra
- Party Age
- 43
- Relation
- W/o. Kadalayi Hussain @ Bava Haji
- Party Role
- Plaintiff
- Party Name
- Ahammad Kabeer
- Party Age
- 24
- Relation
- S/o. Kadalayi Hussain @ Bava Haji
- Party Role
- Defendant
- Party Name
- Koyassan Haji
- Party Age
- 58
- Relation
- S/o. Abdu Rehiman Haji
Plaintiffs Documents
Notice, Registered lawyer with acknowledgment card, Postal Acknowledgment card, Reply notice
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directed defendant to vacate the property within a month.
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 allowed to realize damages at the rate of Rs.2,500/- per month from 10.1.2012.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Registered lawyer with acknowledgment card
Reference:
A1
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card
Reference:
A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice
Reference:
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
Breach of license agreement
Case Code
Case between Kadalayi Hussain et al vs Koyassan Haji regarding mandatory injunction and damages for use and occupation
Case Code Year
Case between Kadalayi Hussain et al vs Koyassan Haji regarding mandatory injunction and damages for use and occupation