Case Summary
Plaintiff filed a suit seeking mandatory injunction to vacate the property and recover arrears of rent from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction and Recovery of Arrears of Rent
Case Type
Civil Suit - Mandatory Injunction
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the property and pay arrears of rent with interest.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Evidence not provided
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay an amount of Rs.19,540 with 6% interest per annum till the date of realization to the plaintiff. The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today. The defendant is directed to pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideenkutty
- Party Age
- 60
- Relation
- S/o. Muhammadaji
- Party Role
- Defendant
- Party Name
- Ummerfarook
- Party Age
- 38
- Relation
- S/o. Muahammed Haji
Plaintiffs Documents
Document Nos.3876/2013, Ext.A1 to A7
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookkayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to vacate the plaint schedule property within one month
Evidence:
In the result, the defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today.
Relief Type:
Recovery of Arrears of Rent
Outcome:
Granted
Description:
Ordered the defendant to pay Rs.19,540 with 6% interest to the plaintiff
Evidence:
The defendant is directed to pay an amount of Rs.19,540 with 6% interest per annum till the date of realization to the plaintiff.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Provided evidence of ownership and possession
Reference:
A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Supporting document for ownership
Reference:
A2
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Evidence of the rental agreement
Reference:
A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proof of legal notice served to the defendant
Reference:
A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing payment towards the property
Reference:
A5
Case Classification
Case Type
Civil Suit - Mandatory Injunction
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 Ummerfarook regarding realisation of arrears of rent
Case Code Year
Case between Moideenkutty vs Ummerfarook regarding realisation of arrears of rent