Case Summary
The plaintiff, P.K. Devu, is seeking a mandatory injunction against the defendant, Mujeeb. N.P, for unauthorized occupation of property and recovery of arrears of license fee. The defendant has not appeared in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule property and pay damages totaling Rs 158210/-
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to vacate the property and pay damages.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of ownership and non-payment by the defendant.
The plaintiff provided sufficient evidence of ownership and non-payment by the defendant.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of ownership and non-payment by the defendant.
The plaintiff provided sufficient evidence of ownership and non-payment by the defendant.
Supporting Evidence
The period of license agreement has expired and the plaintiff has issued notice to the defendant as well. Hence, the plaintiff is entitled to a decree of mandatory injunction as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows:- 1.Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today failing which the plaintiff shall be at liberty to execute the same through the process of court and realise the costs for the same from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.K. Devu
- Party Age
- 93
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Adhikarimanammal Sujatha
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mujeeb. N.P
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
License Agreement executed between plaintiff and defendant, Copy of Lawyer notice, Postal receipt, Unserved Cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Raghunandan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property.
Evidence:
Defendant is directed by a mandatory injunction to vacate the plaint schedule property within 45 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs 158210 to the plaintiff with interest.
Evidence:
The defendant shall pay Rs 158210 /- ( Rupees One lakh fifty eight thousand two hundred and ten) to the plaintiff with interest at the rate of 6 per cent from the date of suit till the date of realisation.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant shall pay Rs 9000 per month from date of suit till date of surrender of plaint schedule property.
Evidence:
The defendant shall pay Rs.9000 /- per month from date of suit till the date of surrender of plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiffs.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
License agreement executed between the plaintiff and defendant evidencing the licensee licensor relationship.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice issued by the plaintiff to the defendant.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing the postal receipt related to the notice.
Reference:
Ext.A3
Document Type:
Unserved Cover
Submitted By:
Plaintiff
Relevance:
Document showing that the notice was returned unserved.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between P.K. Devu vs Mujeeb. N.P regarding mandatory injunction and recovery of license fee.
Case Code Year
Case between P.K. Devu vs Mujeeb. N.P regarding mandatory injunction and recovery of license fee.