Case Summary
Plaintiffs sought a mandatory injunction to vacate defendant from the property for violating license terms and claimed 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
Plaintiffs are granted a mandatory injunction against the defendant to vacate the property and awarded damages for unauthorized occupation.
Why Plaintiff Won:
Plaintiffs proved ownership and revoked the license agreement due to defendant's breach and unauthorized occupation.
Plaintiffs proved ownership and revoked the license agreement due to defendant's breach and unauthorized occupation.
Losing Side's Weaknesses:
Plaintiffs proved ownership and revoked the license agreement due to defendant's breach and unauthorized occupation.
Plaintiffs proved ownership and revoked the license agreement due to defendant's breach and unauthorized occupation.
Supporting Evidence
Consider locality importance and recent occupational charges hike in deciding damages.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate the plain 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
- Muahammad Haneefa
- Party Age
- 46
- Relation
- S/o. Moideen Haji
Plaintiffs Documents
Licensee Agreement dated 1-09-1995, Lawyer Notice dated 23-12-2011, Acknowledgment card dated 23-12-2011
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to vacate the property
Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate the plain schedule property within a period of one month from today.
Relief Type:
Damages for Use and Occupation
Outcome:
Partly Granted
Description:
Plaintiffs allowed to realize damages at the rate of Rs. 2,000 each per month from 10-01-2012
Evidence:
Considering the locational importance of the plaint schedule property and the hike in the occupational charges of the rooms in the recent past, I hold a view that plaintiffs are entitled for realization of damages for use and occupation at the rate of Rs. 2,000/- each per month from the defendant.
Documents & Evidence
Document Type:
Licensee Agreement
Submitted By:
Plaintiff
Relevance:
Plaintiff's license agreement dated 1-09-1995
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiffs' lawyer notice to defendant dated 23-12-2011
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card of notice receipt by defendant dated 23-12-2011
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 Muahammad Haneefa regarding mandatory injunction and damages
Case Code Year
Case between Kadalayi Hussain et al vs Muahammad Haneefa regarding mandatory injunction and damages