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
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.
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
Plaintiffs
Muhammed (66 years years)
Kadavath House, Thrikkandiyur amsom, Annara desom, P.O.Tirur. Tirur Taluk.
Defendants
Kaja Najumudheen (35 years years)
Kaja Mahal, Niramaruthoor amsom desom & Post.
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