Case Summary
K.M.Sreekumar, the plaintiff, is seeking a mandatory injunction to evict Joshi V Xavier, the defendant, for failing to pay arrears of rent. The case involves a dispute over the license fee and the rights to occupy the property inherited from the plaintiff's late father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the premises and payment of Rs. 33,500 as arrears of license fee.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established ownership and the defendant's failure to comply with the payment agreement.
The plaintiff established ownership and the defendant's failure to comply with the payment agreement.
Judgment Evidence:
In the result, the suit is decreed in part as follows. 1) Defendant is directed by way of mandatory injunction to vacate the petition schedule premises within 60 days from the date of the decree. 2) Defendant is directed to pay Rs. 33,500 as arrears of license fee with along with an interest at the rate of 6% per annum from the date of the suit and at the same rate of 6% per annum from the date of the decree till realization.
Parties Involved
Plaintiffs
K.M.Sreekumar (53 years years)
Poimplasseri house, Ravipuram road, Kochi – 682 016
Defendants
Joshi V Xavier (55 years years)
F7- Sivaprasad Buildings, Ravipuram, Kochi – 682 016
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the petition schedule premises.
Evidence:
Defendant is directed by way of mandatory injunction to vacate the petition schedule premises within 60 days from the date of the decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay arrears of license fee as claimed.
Evidence:
Defendant is directed to pay Rs. 33,500 as arrears of license fee with along with an interest at the rate of 6% per annum from the date of the suit and at the same rate of 6% per annum from the date of the decree till realization.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant is directed to pay the costs of the suit to the plaintiff.
Evidence:
Defendant is directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff issued a lawyer notice terminating the license.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice sent to the defendant.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the receipt of the lawyer notice by the defendant.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Deposition of PW1 was included as evidence from the plaintiff's side.
Reference: