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Original Suit No. 178 OF 2014

Case between Kaladi Abdul Azeez vs Kadalambathoor Nanikkutty regarding mandatory injunction

Court
Court of the Munsiff of Tirur
Judge
SRI. BIJU V.G., B.Sc., LL.B., MUNSIFF
Order Date
2015-07-13
Duration
1 year 1 month 22 days
Case Closed
Mon, 07/13/2015 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiff, the owner of the property, sought a mandatory injunction to evict the defendant who was the licensee of the property claiming it's a license agreement, not a lease.

Judgment Outcome

Plaintiff Won
Interim Order
Plaintiff's suit for a mandatory injunction was granted, directing the defendant to vacate the property within two months.
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction to vacate the property
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
Plaintiff's suit for a mandatory injunction was granted, directing the defendant to vacate the property within two months.
Why Plaintiff Won:
The court found that the agreement between parties created a license, not a lease, based on the written agreement (Ext.A1), defendant's possession, and lack of intention to create a lease.
Losing Side's Weaknesses:
The court found that the agreement between parties created a license, not a lease, based on the written agreement (Ext.A1), defendant's possession, and lack of intention to create a lease.
Supporting Evidence
As per the terms of the Ext.A1...

Judgment Evidence:

The suit is decreed as follows...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kaladi Abdul Azeez
Party Age
54
Relation
S/o. Kunhimuhammad Kutty
Party Role
Defendant
Party Name
Kadalambathoor Nanikkutty
Party Age
55
Relation
W/o. Murali
Plaintiffs Documents
License agreement dated 1-08-2009 (Ext.A1), Lawyer notice dated 06-03-2014 (Ext.A2)
Defendants Documents
Pay in slips, Electricity bills, Telephone bills, Day Book register, Receipt and payment book

Advocates

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
To vacate the property within 2 months
Evidence:
The plaintiff issued a lawyer notice revoking the permission...
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff entitled to recover costs from the defendant
Evidence:
Normal rule that cost follows the event...

Documents & Evidence

Document Type: License Agreement
Submitted By: Plaintiff
Relevance:
Established the nature of agreement as a license
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Revocation of defendant's permission to occupy the property
Reference:
Ext.A2
Document Type: Various Bills and Receipts
Submitted By: Defendant
Relevance:
Attempt to prove expenditure and possession of the property
Reference:
Included pay in slips, electricity bills, telephone bills
Document Type: Day Book Register
Submitted By: Defendant
Relevance:
Register showing expenses for construction
Reference:
Ext.B4
Document Type: Receipt and Payment Book
Submitted By: Defendant
Relevance:
Accounting documents showing financial transactions
Reference:
Ext.B5

Case Classification

Case Type
Civil Suit - Mandatory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Distinction between lease and license
Case Code
Case between Kaladi Abdul Azeez vs Kadalambathoor Nanikkutty regarding mandatory injunction
Case Code Year
Case between Kaladi Abdul Azeez vs Kadalambathoor Nanikkutty regarding mandatory injunction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sat, 05/17/2014 - 12:00
Case Closed
Mon, 07/13/2015 - 12:00
From
Wed, 07/01/2015 - 12:00
To
Fri, 07/31/2015 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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