Case Summary
This case involves a dispute between Moidu Haji, who is the plaintiff and owner of the property, and Mohammed Niyas, the defendant, regarding unpaid license fees and eviction from the premises. The plaintiff seeks eviction and compensation for damages due to the defendant's unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to vacate the plaint schedule property within 45 days and pay Rs. 1,45,000 with interest and Rs. 5,000 per month as damages.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the premises and pay outstanding dues. The judgment included a mandatory injunction for eviction and specified financial compensation.
Why Plaintiff Won:
The evidence provided by the plaintiff established entitlement based on the license agreement and demonstrated that the defendant's occupation was unauthorized.
The evidence provided by the plaintiff established entitlement based on the license agreement and demonstrated that the defendant's occupation was unauthorized.
Losing Side's Weaknesses:
The evidence provided by the plaintiff established entitlement based on the license agreement and demonstrated that the defendant's occupation was unauthorized.
The evidence provided by the plaintiff established entitlement based on the license agreement and demonstrated that the defendant's occupation was unauthorized.
Supporting Evidence
The ownership of the plaintiff over the plaint schedule property remains undisputed. Exhibit A1 is the license agreement evidencing the licensor licensee relationship. The unpaid license fee substantiates the claim for eviction.
Judgment Evidence:
In the result, suit is decreed as follows:- 1.Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today, failing which the plaintiff shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moidu Haji
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed Niyas
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
License agreement executed on 01.12.2019, True copy of lawyer notice dated 18.04.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.T. Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days.
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiff shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay Rs 1,45,000 to the plaintiff.
Evidence:
The defendant shall pay Rs 1,45,000(Rupees One Lakh forty five thousand) to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant shall pay Rs 5000 per month to the plaintiff.
Evidence:
The defendant shall pay Rs 5000 per month to the plaintiff from date of suit till the date of surrender of plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the license agreement executed between plaintiff and defendant evidencing the licensee licensor relationship between plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the notice issued by the plaintiff demanding vacant possession of the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Moidu Haji vs Mohammed Niyas regarding eviction and realization amount.
Case Code Year
Case between Moidu Haji vs Mohammed Niyas regarding eviction and realization amount.