Case Summary
The plaintiff, Prameela, is seeking a mandatory injunction to regain possession of a shop room that she entrusted to the defendant, Manjusha, under a license agreement. The defendant failed to pay the license fee and has continued to occupy the property without authorization.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to give vacant possession of the plaint schedule building and to pay ₹56,565/- towards arrears of license fee and ₹19,995/- as compensation for unauthorized occupation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the shop room and pay outstanding license fees and compensation for unauthorized occupation.
Why Plaintiff Won:
The plaintiff proved that the defendant had defaulted on payment of the license fee and continued to occupy the property without authorization.
The plaintiff proved that the defendant had defaulted on payment of the license fee and continued to occupy the property without authorization.
Losing Side's Weaknesses:
The plaintiff proved that the defendant had defaulted on payment of the license fee and continued to occupy the property without authorization.
The plaintiff proved that the defendant had defaulted on payment of the license fee and continued to occupy the property without authorization.
Supporting Evidence
Plaintiffs by Ext.A5 revoked the license. As defendant kept license fee in arrears, plaintiffs are entitled to get eviction and license fee arrears from the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The defendant is directed to give vacant possession of the plaint schedule building and to remove the articles belonging to her kept in the plaint schedule building within 2 months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prameela
- Party Age
- 70
- Relation
- W/o. Late. Sudharakaran
- Party Role
- Defendant
- Party Name
- Manjusha
- Party Age
- 29
- Relation
- D/o. Ramesh
Plaintiffs Documents
Original license agreement executed between plaintiff and defendant, Copy of release deed no. 2944/1985 of SRO, Chathamangalam, Copy of assessment certificate issued from Kunnamangalam Grama Panchayath, Original Possession certificate issued from Village Office, Kunnamangalam, Copy of land tax receipt issued from Village office Kunnamangalam, Copy of lawyer notice, Postal receipt, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Rajendra Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Faisal P. Mukkam
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Abdul Vahid P. P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to give vacant possession of the plaint schedule building.
Evidence:
The defendant is directed to give vacant possession of the plaint schedule building and to remove the articles belonging to her kept in the plaint schedule building within 2 months from the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant to pay ₹56,565 towards arrears of license fee.
Evidence:
The defendant is also directed to pay Rs.56,565/- (Rupees Fifty Six Thousand Five Hundred And Sixty Five Only) to the plaintiff towards arrears of license fee from 11.06.2019 to 15.11.2019 along with an interest at the rate of 6% per annum till realization.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant to pay ₹19,995 as compensation for unauthorized occupation.
Evidence:
The defendant is also directed to pay to the plaintiffs of Rs.19,995/- from November 2011 till 12.03.2020 as compensation for unauthorized occupation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to compensation of ₹6,665 per month for unauthorized occupation.
Evidence:
The plaintiff is also entitled to realise a compensation of ₹6,665/- (Rupees Six Thousand Six Hundred And Sixty Five Only) per month from the date of suit till realization for the unauthorized occupation on payment of court fee.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant directed to pay costs of the suit.
Evidence:
The defendant is directed to pay the cost of the suit to the plaintiffs.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
To prove that the defendant is the licensee of the plaint schedule property owned by the plaintiff.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is the owner of the plaint schedule shop room.
Reference:
Ext.A2
Document Type:
Assessment Certificate
Submitted By:
Plaintiff
Relevance:
Indicates ownership of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim to the property.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further establishes ownership of the plaint schedule shop room.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant of the claim for vacant possession.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A6(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer notice.
Reference:
Ext.A6(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings related to the case.
Reference:
Ext.C1
Document Type:
Advocate Commissioner Sketch
Submitted By:
Court
Relevance:
Visual evidence related to the property in question.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Prameela vs Manjusha regarding mandatory injunction
Case Code Year
Case between Prameela vs Manjusha regarding mandatory injunction