Case Summary
Parapadikkal Muhammedkutty and Ayyam Kuyyam Alikkutty filed a suit against Sainudheen for mandatory injunction and for recovery of arrears of rent. The plaintiffs claim that the defendant failed to pay the agreed license fees and to vacate the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction directing the defendant to vacate the premises and payment of arrears of rent.
Case Type
Injunction
Final Judgment
No
The court ruled in favor of the plaintiffs, ordering the defendant to vacate the premises and pay the owed rent. The plaintiffs were also entitled to damages for the use of the property.
Why Plaintiff Won:
The plaintiff proved their case with reliable evidence showing the defendant's failure to pay rent and vacate the property.
The plaintiff proved their case with reliable evidence showing the defendant's failure to pay rent and vacate the property.
Losing Side's Weaknesses:
The plaintiff proved their case with reliable evidence showing the defendant's failure to pay rent and vacate the property.
The plaintiff proved their case with reliable evidence showing the defendant's failure to pay rent and vacate the property.
Supporting Evidence
The plaintiff has adduced evidence in tune with the averments in the plaint. 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, by way of mandatory injunction, directed to put the plaintiffs in vacant possession of the plaint A and B schedule buildings within one month from today. II. The plaintiff is entitled to realise an amount of Rs. 6,56,250/- (Rupees Six Lakh Fifty Six Thousand Two Hundred and Fifty only) from the defendant as the arrears of license fee in respect of plaint A and B schedule buildings.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Parapadikkal Muhammedkutty
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ayyam Kuyyam Alikkutty
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sainudheen
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
License agreement dated 08.03.2013, Notice dated 20.09.2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Vipin
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Praveen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.P.P.Harsha
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to give vacant possession of the plaint A and B schedule buildings.
Evidence:
The defendant is, by way of mandatory injunction, directed to put the plaintiffs in vacant possession of the plaint A and B schedule buildings within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover arrears of license fee from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 6,56,250/- from the defendant as the arrears of license fee in respect of plaint A and B schedule buildings.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to damages for use and occupation of the buildings by the defendant.
Evidence:
The plaintiff is also entitled to realise an amount of Rs. 18,750/- per month in respect of the plaint A schedule building and Rs. 7500/- per month in respect of the plaint B schedule building as damages for use and occupation.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms under which the plaintiff leased buildings to the defendant.
Reference:
Ext.A1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice terminated the license agreement and demanded vacant possession of the buildings from the defendant.
Reference:
Ext.A2(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of delivery of the termination notice to the defendant.
Reference:
Ext.A2(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the defendant's receipt of the termination notice.
Reference:
Ext.A2(c)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided the court with details regarding the state of the properties in question.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Provided a visual representation of the properties related to the case.
Reference:
Ext.C2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Parapadikkal Muhammedkutty et al vs Sainudheen regarding Mandatory Injunction and Arrears of Rent
Case Code Year
Case between Parapadikkal Muhammedkutty et al vs Sainudheen regarding Mandatory Injunction and Arrears of Rent