Case Summary
Palakkavalappil Sainaba and others are suing Chelakkal Shamsudheen for eviction and damages due to non-payment of license fees for shop rooms. The plaintiffs claim the defendant has failed to pay the agreed fees and has remained in unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the defendant and recovery of Rs. 5,000/- per month as compensation from 05.03.2018 until surrender.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them eviction of the defendant and compensation for wrongful use and occupation of the shop rooms.
Why Plaintiff Won:
The plaintiff proved ownership of the shop rooms and the defendant's failure to pay the license fee and vacate the premises.
The plaintiff proved ownership of the shop rooms and the defendant's failure to pay the license fee and vacate the premises.
Losing Side's Weaknesses:
The plaintiff proved ownership of the shop rooms and the defendant's failure to pay the license fee and vacate the premises.
The plaintiff proved ownership of the shop rooms and the defendant's failure to pay the license fee and vacate the premises.
Supporting Evidence
The plaintiffs' evidence remained unchallenged as the defendant did not file a written statement. The plaintiff is entitled to get a decree as prayed for.
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 to the plaintiff within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Palakkavalappil Sainaba
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Zakkariya
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Fayyas
- Party Age
- 22
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chelakkal Shamsudheen
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
License Agreement dated 1-4-2017, Copy of Registered Lawyer notice dated 5-3-2018, Postal Receipt, Returned cover with A/D Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Suresh.A.Alingal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Dinesh Pookkayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to give vacant possession of the shop rooms within 2 months.
Evidence:
The defendant is directed by way of mandatory injunction, to give vacant possession of the plaint schedule shop rooms to the plaintiff within 2 months from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
If the defendant fails to vacate the rooms, the plaintiff may evict the defendant through the court process.
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:
Granted
Description:
The plaintiff is entitled to recover Rs. 5,000/- per month for wrongful use and occupation of the shop rooms.
Evidence:
The plaintiff is also entitled to recover Rs. 5,000/- per month as compensation for wrongful use and occupation of the building consisting of 4 rooms, from the defendant from 05.03.2018 till the surrender of the scheduled rooms.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The license agreement establishes the terms under which the defendant was allowed to use the shop rooms and highlights the failure to pay the license fee.
Reference:
Ext.A1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice terminated the license agreement and demanded the surrender of the shop rooms.
Reference:
Ext.A2(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
It serves as proof of sending the termination notice to the defendant.
Reference:
Ext.A2(b)
Document Type:
Returned cover with A/D Card
Submitted By:
Plaintiff
Relevance:
It confirms that the termination notice was delivered to the defendant.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
The testimony provided by the plaintiff’s witness supports the claims made in the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Eviction
Case Code
Case between Palakkavalappil Sainaba et al vs Chelakkal Shamsudheen regarding eviction and damages
Case Code Year
Case between Palakkavalappil Sainaba et al vs Chelakkal Shamsudheen regarding eviction and damages