Case Summary
Plaintiffs sought mandatory injunction and damages for unauthorized occupation of their property by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for eviction and damages for use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Judgment Evidence:
The suit is decreed as follows: 1. The defendants are directed by a mandatory injunction to vacate the plaint schedule property within a period of 2 months from today. 2. Defendant is directed to give damages for use and occupation of the plaint schedule property at the rate of Rs. 5000/- per month from 10.01.2012 to the plaintiff. 3. Defendant is directed to pay costs of the suit to the plaintiff.
Parties Involved
Plaintiffs
Kadalayi Hussain (Age not specified years)
Valavannoor amsom, desom, Tirur Taluk
Bushra (43 years)
Valavannoor amsom, desom, Tirur Taluk
Ahammed Kabeer (24 years)
Valavannoor amsom, desom, Tirur Taluk
Defendants
Ummer (50 years)
Vettonamkadavath House, Niramaruthoor asmom desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to vacate the property within 2 months.
Evidence:
The defendants are directed by a mandatory injunction to vacate the plaint schedule property within a period of 2 months from today.
Relief Type:
Damages for Use and Occupation
Outcome:
Partly Granted
Description:
Defendant directed to pay damages at the rate of Rs. 5000/- per month from 10.01.2012 to the plaintiffs.
Evidence:
Defendant is directed to give damages for use and occupation of the plaint schedule property at the rate of Rs. 5000/- per month from 10.01.2012 to the plaintiff.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant directing vacation of the property.
Reference:
A1
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of notice by the defendant.
Reference:
A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the defendant with false reasons.
Reference:
A3