Case Summary
Muhammed is the plaintiff who seeks eviction of Kaja Najumudheen for unlawful occupation of shop rooms after the termination of a license agreement. The defendant has not vacated the premises despite a notice issued by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to give vacant possession of the plaint schedule shop rooms within 2 months.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the premises within 2 months and granting compensation for wrongful occupation.
Why Plaintiff Won:
The plaintiff proved his case by adduced cogent and reliable evidence.
The plaintiff proved his case by adduced cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case by adduced cogent and reliable evidence.
The plaintiff proved his case by adduced cogent and reliable evidence.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed as follows. I. The defendant is directed by way of mandatory injunction, to give vacant possession of the plaint schedule shop rooms bearing No. TP. 23/231 and TP. 23/232 to the plaintiff within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kaja Najumudheen
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice dated 22-09-2018, Undelivered Cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Mujeeb Rahman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.K.Vasudevan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to give vacant possession of the shop rooms.
Evidence:
The defendant is directed by way of mandatory injunction, to give vacant possession of the plaint schedule shop rooms bearing No. TP. 23/231 and TP. 23/232 to the plaintiff within 2 months from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
Plaintiff entitled to evict the defendant if they fail to vacate.
Evidence:
If the defendant fails to vacate the rooms within 2 months, the plaintiff is entitled to evict the defendant from the said rooms through the process of the court.
Relief Type:
Damages
Outcome:
Partly Granted
Description:
Plaintiff entitled to recover damages for wrongful use and occupation.
Evidence:
The plaintiff is also entitled to recover Rs. 4,400/- per month as compensation for wrongful use and occupation of the room, from the defendant from 22.09.2018 till the surrender of the scheduled rooms.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover rent in arrears.
Evidence:
The plaintiff is also entitled to realise the amount of Rs. 52,800/- being the rent in arrears, from the defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by the plaintiff to terminate the license.
Reference:
Ext.A1
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Related to the plaintiff's notice.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted as part of the court proceedings.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted as part of the court proceedings.
Reference:
Ext.C2
Case Classification
Case Type
Original Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Muhammed vs Kaja Najumudheen regarding eviction and damages for unlawful use and occupation of the plaint schedule rooms.
Case Code Year
Case between Muhammed vs Kaja Najumudheen regarding eviction and damages for unlawful use and occupation of the plaint schedule rooms.