Case Summary
Plaintiffs seek mandatory injunction to vacate property and claim damages for use, rent arrears, and enhanced license fee.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory Injunction, Arrears of License Fee, Damages for Use and Occupation
Case Type
Civil Suit - Mandatory Injunction, Realization of Damages
Final Judgment
No
The court granted mandatory injunction to vacate the property, realized rent arrears, increased license fee with damages for use and occupation.
Why Plaintiff Won:
The plaintiffs provided evidence of the license agreement, ownership, arrears, and revoked permission for occupancy.
The plaintiffs provided evidence of the license agreement, ownership, arrears, and revoked permission for occupancy.
Losing Side's Weaknesses:
The plaintiffs provided evidence of the license agreement, ownership, arrears, and revoked permission for occupancy.
The plaintiffs provided evidence of the license agreement, ownership, arrears, and revoked permission for occupancy.
Supporting Evidence
Since the defendants remained ex parte, evidence adduced by PW1 remained unchallenged. I find no reason to disbelieve PW1. So, the plaintiffs have adduced cogent and reliable evidence to prove their case.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The defendants are directed by a mandatory injunction to vacate the plaint schedule property within a period of 2 months from today. 2. The plaintiffs are entitled to realise Rs.1,66,920/- with interest 6% per annum as arrears of license fee. 3. The plaintiffs are entitled to realize damages for use and occupation @ Rs.15,000/- per month from the defendants from the date of suit till the defendants vacate the property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.T. Muhammed
- Party Age
- 48
- Relation
- S/o. Madambath Thadathil Koya Haji
- Party Role
- Plaintiff
- Party Name
- Salmanul Faris
- Party Age
- 26
- Relation
- Child of M.T. Muhammed
- Party Role
- Plaintiff
- Party Name
- Muhammed Faisal
- Party Age
- 23
- Relation
- Child of M.T. Muhammed
- Party Role
- Defendant
- Party Name
- Muhammad Shahir
- Party Age
- 34
- Relation
- Not mentioned
- Party Role
- Defendant
- Party Name
- Abdul Gafoor
- Party Age
- 35
- Relation
- Not mentioned
Plaintiffs Documents
License Agreement Ext.A1, Lawyer Notice Ext.A2, Acknowledgment Card Ext.A3, etc.
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants directed to vacate property within 2 months
Evidence:
The defendants are directed by a mandatory injunction to vacate the plaint schedule property within a period of 2 months from today.
Relief Type:
Arrears of License Fee
Outcome:
Granted
Description:
Plaintiffs entitled to realize Rs.1,66,920/- with interest of 6% per annum
Evidence:
The plaintiffs are entitled to realise Rs.1,66,920/- with interest 6% per annum as arrears of license fee.
Relief Type:
Damages for Use and Occupation
Outcome:
Granted
Description:
Plaintiffs entitled to realize damages @ Rs.15,000/- per month till vacation of property
Evidence:
The plaintiffs are entitled to realize damages for use and occupation @ Rs.15,000/- per month from the defendants from the date of suit till the defendants vacate the property.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Executed license agreement between first plaintiff and defendants
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by plaintiffs directing defendants to vacate premises and pay damages
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card evidencing receipt of notice by first defendant
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit - Mandatory Injunction, Realization of Damages
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Property dispute
Case Code
Case between M.T. Muhammed et al vs Meleveettil Abdul Basheer's Children regarding occupancy dispute
Case Code Year
Case between M.T. Muhammed et al vs Meleveettil Abdul Basheer's Children regarding occupancy dispute