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
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction to vacate the property
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
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.
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.
Judgment Evidence:
The suit is decreed as follows...
Parties Involved
Plaintiffs
Kaladi Abdul Azeez (54 years)
Valavannur amsom, desom, Tirur Taluk
Defendants
Kadalambathoor Nanikkutty (55 years)
Trikandiyur amsom desom, Tirur Taluk
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