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
The court ruled in favor of the plaintiff, granting him a mandatory injunction to vacate the property and also allowing the realization of arrears of rent. The defendant was ordered to pay costs of the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Though the defendant filed written statement disputing the claim of the plaintiffs, he opted to remain ex parte, when the case is included in the special list for trial. The evidence adduced by the plaintiff remains unchallenged.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Moideenkutty
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ummer Farook
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Jenam Assignment deed No.3876/2013, Rent Agreement dated 03.01.2013, Lawyer Notice dated 3-02-2015.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Moideenkutty vs Ummer Farook regarding mandatory injunction and realization of arrears of rent.
Case Code Year
Case between Moideenkutty vs Ummer Farook regarding mandatory injunction and realization of arrears of rent.