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Commercial Suit. No. 66/2022

Case between Mustafa Usman et al vs M/s. Indian Oil Corporation Limited et al regarding recovery of possession and damages for use and occupation.

Court
Commercial Court of Kozhikode
Judge
Smt. Leena Rasheed
Order Date
2025-02-22
Duration
approximately-3 years 5 months
Case Closed
Sat, 02/22/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves plaintiffs Mustafa Usman and others suing M/s. Indian Oil Corporation Limited and another for recovery of possession of a leased property and damages for its unauthorized occupation after the lease expired. The plaintiffs claim that the defendants have not vacated the property despite legal notice.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, directing the defendants to vacate the property and pay damages for unauthorized occupation.
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to yield up and surrender the vacant possession of the plaint schedule property to plaintiffs within three months.
Case Type
Commercial Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, directing the defendants to vacate the property and pay damages for unauthorized occupation.
Why Plaintiff Won:
The lease had expired by efflux of time, and the defendants had no lawful right to occupy the property.
Losing Side's Weaknesses:
The lease had expired by efflux of time, and the defendants had no lawful right to occupy the property.
Supporting Evidence
The indenture of lease dated 16-09-2001 executed between plaintiffs and defendants terminated by the efflux of time and in the event of termination of lease the plaintiffs are entitled to get vacant possession of the plaint schedule property.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. The defendants are hereby directed to yield up and surrender the vacant possession of the plaint schedule property to plaintiffs after dismantling and removing the constructions and installations within three months from the date of receipt of copy of this judgment.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mustafa Usman
Party Age
49
Relation
S/o
Party Role
Plaintiff
Party Name
Mahaboob Narangoli
Party Age
55
Relation
S/o
Party Role
Plaintiff
Party Name
Fasila Pallinalakam
Party Age
41
Relation
D/o
Party Role
Plaintiff
Party Name
Aysha Usman
Party Age
46
Relation
D/o
Party Role
Defendant
Party Name
M/s. Indian Oil Corporation Limited
Relation
Represented by Chief General Manager
Party Role
Defendant
Party Name
Indian Oil Corporation Ltd(MD)
Relation
Represented by its Divisional Manager
Plaintiffs Documents
Certified copy of Indenture of lease, copy of lawyer notice, computer print out of WhatsApp communications.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.P Mayan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Clint H
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. C.K Madhusudan
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Defendants directed to yield up and surrender vacant possession of the plaint schedule property.
Evidence:
The defendants are hereby directed to yield up and surrender the vacant possession of the plaint schedule property to plaintiffs.
Relief Type: Damages
Outcome: Granted
Description:
Defendants directed to pay monthly damages for use and occupation post lease expiration.
Evidence:
The defendants are also directed to pay a sum of Rs.1,05,600/- (Rupees one lakh five thousand and six hundred only) per month being the damages for use and occupation from 15-09-2021.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiffs entitled to the costs of the suit.
Evidence:
The plaintiffs are also entitled to the costs of the suit.

Documents & Evidence

Document Type: Indenture of lease
Submitted By: Plaintiff
Relevance:
Admitted by both parties, serves as the basis for termination of lease.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Informs the defendants of plaintiffs' intention not to continue the lease.
Reference:
Ext.A2
Document Type: WhatsApp Communications
Submitted By: Plaintiff
Relevance:
Proves efforts for negotiation regarding lease renewal.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
Used to assess the value of damages for use and occupation.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Supplementary evidence presented for the court's consideration.
Reference:
Ext.C2

Case Classification

Case Type
Commercial Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Mustafa Usman et al vs M/s. Indian Oil Corporation Limited et al regarding recovery of possession and damages for use and occupation.
Case Code Year
Case between Mustafa Usman et al vs M/s. Indian Oil Corporation Limited et al regarding recovery of possession and damages for use and occupation.

Quick Facts

Location
Kozhikode District, Kerala
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Tue, 02/22/2022 - 12:00
Case Closed
Sat, 02/22/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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