Case Summary
Plaintiffs sought a mandatory injunction to vacate property from defendant and claim damages for unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate property and damages for use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
Plaintiffs granted mandatory injunction for defendant to vacate the property and to pay damages for unauthorized occupation.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Supporting Evidence
Since the licence is legally revoked, the occupation of the plaint schedule property by the defendant after the termination of the licence is unauthorised.
Judgment Evidence:
The suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate plaint schedule property within 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. Bushra
- Party Role
- Defendant
- Party Name
- Sabna
- Party Age
- 30
- Relation
- D/o, Ammengara Rasaq
Plaintiffs Documents
Defendants Documents
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to vacate the property within one month.
Evidence:
The suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate plaint schedule property within one month from today.
Relief Type:
Damages for Use and Occupation
Outcome:
Granted
Description:
Plaintiffs entitled to Rs. 1,250 per month from defendant for unauthorized occupation.
Evidence:
Since the licence is legally revoked, the occupation of the plaint schedule property by the defendant after the termination of the licence is unauthorised.
Documents & Evidence
Document Type:
Copy Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proves issuance of notice to defendant.
Reference:
A1
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment of notice receipt from defendant.
Reference:
A2
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Proof of license agreement between previous owner and defendant.
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
Case Code
Case between Kadalayi Hussain et al vs Sabna regarding mandatory injunction and damages
Case Code Year
Case between Kadalayi Hussain et al vs Sabna regarding mandatory injunction and damages