Case Summary
The plaintiff, MUHAMMAD HARIS, seeks a mandatory injunction and recovery of license fees from the defendant, KABEER. P, due to the defendant's failure to vacate a shop room and pay dues. The court finds the defendant has not responded to the claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate shop room and recovery of Rs.7,55,000/- with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a mandatory injunction for the defendant to vacate the shop room and awarding the plaintiff the outstanding amount for license fees.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The plaintiff has established a case in his favour. Since, the defendant is proceeded exparte, the claim of the plaintiff for a decree of mandatory injunction, recovery of money and damages stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendant is directed by a decree of mandatory injunction to quit himself from the plaint schedule shop room within a period of one month from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MUHAMMAD HARIS
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KABEER. P
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Power of Attorney executed by Mohammad Haris Thayambath in favour of Shameem Ali Thaikandiyil, License Agreement, Copy of Lawyer Notice, Postal Receipt, Postal Acknowledgment Card signed by Kabeer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Subramanian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Previn
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. V. Amaya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to quit the plaint schedule shop room.
Evidence:
The defendant is directed by a decree of mandatory injunction to quit himself from the plaint schedule shop room within a period of one month from the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.7,55,000/- towards arrears of license fee.
Evidence:
The plaintiff is entitled to realize an amount of Rs.7,55,000/- from the defendant towards arrears of license fee with interest at the rate of 15% per annum from the date of suit till date of realization.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant is directed to pay future damages for loss of user and occupation.
Evidence:
The defendant is directed to pay future damages for loss of user and occupation at the rate of Rs.50,000/- per month from the date of suit till delivery of possession.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to get the costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Muhammad Haris in favour of Shameem Ali Thaikandiyil.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Entered between Thayambath Muhammad Haris and Kabeer. P.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. P. Anoop to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the notice sent.
Reference:
Ext.A3(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Signed by Kabeer, confirming receipt of the notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between MUHAMMAD HARIS vs KABEER. P regarding mandatory injunction and recovery of money
Case Code Year
Case between MUHAMMAD HARIS vs KABEER. P regarding mandatory injunction and recovery of money