Case Summary
Karuthedath Abdul Azeez filed a suit against Manoj Kumar.T for permanent prohibitory injunction, mandatory injunction, and recovery of arrears of license fee. The plaintiff claims that the defendant, who was permitted to use the property, has fallen behind on payments and has not vacated the premises properly.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction, mandatory injunction to remove articles, and payment of Rs.1,29,200/-
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a permanent prohibitory injunction against the defendant, required the defendant to remove articles from the property, ordered the payment of license fees, and imposed costs on the defendant.
Why Plaintiff Won:
The plaintiff proved ownership of the property and the arrears of license fees.
The plaintiff proved ownership of the property and the arrears of license fees.
Losing Side's Weaknesses:
The plaintiff proved ownership of the property and the arrears of license fees.
The plaintiff proved ownership of the property and the arrears of license fees.
Supporting Evidence
The plaintiff has proved his case. […] the plaintiff owns and licensor of the plaint A schedule property has come up with the suit for permanent prohibitory injunction and mandatory injunction against the defendant who was his licensee.
Judgment Evidence:
In the result, the suit is only to be decreed and I do so: 1. The defendant, his men and agents are restrained by way of permanent prohibitory injunction from obstructing the plaintiffs use of the plaint A schedule property, destroying the utility of the plaint A schedule property and from entering into the plaint A schedule property except for the purpose of removing plaint B schedule articles from the plaint A schedule property. 2. The defendant is hereby directed by way of mandatory injunction to remove the plaint B schedule articles from the plaint A schedule property within a period of one month from today. 3. The defendant is hereby directed to pay Rs.1,29,200/- (Rupees one lakh twenty nine thousand two hundred only) to the plaintiff with interest at the rate of 6% from the date of suit till date of realisation. 4. The defendant is also directed to pay costs of the proceedings to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karuthedath Abdul Azeez
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj Kumar.T
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
License deed dated 01.06.2013, Copy of lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Xavior George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Madhu Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from obstructing the plaintiffs use of the plaint A schedule property.
Evidence:
The defendant, his men and agents are restrained by way of permanent prohibitory injunction from obstructing the plaintiffs use of the plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to remove articles from the plaint A schedule property.
Evidence:
The defendant is hereby directed by way of mandatory injunction to remove the plaint B schedule articles from the plaint A schedule property within a period of one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Directing the defendant to pay the arrears of license fee to the plaintiff.
Evidence:
The defendant is hereby directed to pay Rs.1,29,200/- to the plaintiff with interest at the rate of 6% from the date of suit till date of realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is also directed to pay costs of the proceedings to the plaintiff.
Evidence:
I find no reason to deviate from the same.
Documents & Evidence
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Executed between Plaintiff and Defendant for use of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent to the defendant regarding the arrears of license fee.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant.
Reference:
Ext.A2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Document outlining the findings of the Advocate Commissioner regarding the condition of the plaint A schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Karuthedath Abdul Azeez vs Manoj Kumar.T regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Karuthedath Abdul Azeez vs Manoj Kumar.T regarding permanent prohibitory injunction and mandatory injunction