Case Summary
Moideenkutty, the plaintiff, is seeking a mandatory injunction against Ummer Farook, the defendant, for non-payment of rent and to vacate the property he has occupied. The plaintiff claims that the defendant has failed to pay rent since November 2013 and has a total arrear of Rs. 19,540.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and realization of arrears of rent of Rs. 19,540 with interest at 12%.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendant was ex parte and failed to challenge the evidence presented by the plaintiff.
The defendant was ex parte and failed to challenge the evidence presented by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows:- The defendant is hereby directed by way of mandatory injunction, to vacate the plaint schedule property within a period of one month from today, to the plaintiff.
Parties Involved
Plaintiffs
Moideenkutty (60 years years)
Thamarassery House, Chengottoor Amsom & Post Choonoor Desom, Tirur Taluk
Defendants
Ummer Farook (38 years years)
Vilakath House, Athavanad Amsom and Desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff directed to vacate the plaint schedule property.
Evidence:
The defendant is hereby directed by way of mandatory injunction, to vacate the plaint schedule property within a period of one month from today, to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize an amount of Rs. 19,540/- with interest.
Evidence:
Plaintiff is allowed to realize an amount of Rs. 19,540/- (Rupees Nineteen Thousand Five Hundred and Forty only) with interest @ 12 % per annum from the defendant from the date of suit till the date of the decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs. 1000/- per month until possession is gained.
Evidence:
The plaintiff is also entitled to realize Rs. 1000/- per month as rent from the date of suit till the getting possession of the plaint schedule building from the defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant directed to pay costs of the suit to the plaintiff.
Evidence:
The defendant is directed to pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Jenam Assignment
Submitted By:
Plaintiff
Relevance:
Back document of the said deed.
Reference:
Ext.A1
Document Type:
Jenam Assignment
Submitted By:
Plaintiff
Relevance:
Back document of the said deed.
Reference:
Ext.A2
Document Type:
Jenam Assignment
Submitted By:
Plaintiff
Relevance:
Document indicating ownership of the property.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Agreement detailing the rental terms.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to the property.
Reference:
Ext.A5
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Proof of payment for the property/related expenses.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant regarding the termination of lease.
Reference:
Ext.A7