Case Summary
Plaintiffs, including Kadalayi Hussain and Bushra, sought a mandatory injunction and damages against defendant Kunhalikutty for unauthorized occupation of their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for eviction and damages for 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 ordering payment of damages for occupation.
Why Plaintiff Won:
Plaintiffs are entitled to vacant possession due to revocation of license agreement and unauthorized occupation by the defendant.
Plaintiffs are entitled to vacant possession due to revocation of license agreement and unauthorized occupation by the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
So the evidence adduced by the plaintiffs remain unchallenged. The plaintiffs have proved their case by cogent and reliable evidence.
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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kadalayi Hussain
- Party Age
- 59
- Relation
- S/o. Kadalayi Ahammed
- Party Role
- Plaintiff
- Party Name
- Bushra
- Party Age
- 43
- Relation
- W/o. Kadalayi Hussain
- Party Role
- Plaintiff
- Party Name
- Ahammed Kabeer
- Party Age
- 24
- Relation
- S/o. Kadalayi Hussain
- Party Role
- Defendant
- Party Name
- Kunhalikutty
- Party Age
- 64
- Relation
- S/o. Ahammed Haji
Plaintiffs Documents
Registered notice with postal receipt, Postal Acknowledgment card, Reply notice
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Mandatory injunction for eviction
Outcome:
Granted
Description:
Plaintiffs granted an injunction order for the 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 occupation
Outcome:
Granted
Description:
Plaintiffs entitled to damages at the rate of Rs. 10,000 per month for defendant's use of the property.
Evidence:
Plaintiffs are entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Registered Notice with Postal Receipt
Submitted By:
Plaintiff
Relevance:
Proof of lawyer notice issued for defendant to vacate the property.
Reference:
A1
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of notice sent to the defendant.
Reference:
A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from defendant denying suitability of the property for a Super Market.
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
Revocation of license agreement
Case Code
Case between Kadalayi Hussain et al vs Kunhalikutty regarding mandatory injunction and damages for use and occupation
Case Code Year
Case between Kadalayi Hussain et al vs Kunhalikutty regarding mandatory injunction and damages for use and occupation