Case Summary
This suit involves Pramod, who is seeking a mandatory injunction against K. V. Mymoona for possession of a shop room. The plaintiff alleges that the defendant has failed to vacate the property despite repeated requests and is in arrears of license fees.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the plaint schedule building to be given to the plaintiff within 2 months
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to vacate the plaint schedule building and remove personal belongings within two months.
Why Plaintiff Won:
The plaintiff proved his ownership and the defendant's status as a licensee who defaulted on rent.
The plaintiff proved his ownership and the defendant's status as a licensee who defaulted on rent.
Losing Side's Weaknesses:
The plaintiff proved his ownership and the defendant's status as a licensee who defaulted on rent.
The plaintiff proved his ownership and the defendant's status as a licensee who defaulted on rent.
Supporting Evidence
The positive assertion made by PW1 in his affidavit has not been challenged by the defendant. Plaintiff by Ext.A2 revoked the license. Plaintiff is entitled to get eviction and license fee arrears from the defendant.
Judgment Evidence:
In the result, The suit is decreed as follows: The defendant is directed to give vacant possession of the plaint schedule building and to remove the articles belonging to him kept in the plaint schedule building within 2 months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pramod
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. V. Mymoona
- Party Age
- 64
- Relation
- D/o
Plaintiffs Documents
Original License Agreement executed between Thadayil Parambil Apputty and defendant, Copy of Lawyer Notice, Copy of Death Certificate of Apputty issued from Olavanna Grama Panchayath, Copy of Legal Heirship Certificate of Apputty by Additional Thahasildar, Kozhikode.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sindhu K. P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directed defendant 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 him kept in the plaint schedule building within 2 months from the date of decree.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Proves that the defendant is the licensee of the plaint schedule property owned by the plaintiff.
Reference:
Ext.A1
Document Type:
Notice and Postal Receipt
Submitted By:
Plaintiff
Relevance:
Revoked the license of the defendant.
Reference:
Ext.A2 series
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the plaintiff's father's death, which devolution of property is based on.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's right over the property.
Reference:
Ext.A5
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 Pramod vs K. V. Mymoona regarding mandatory injunction
Case Code Year
Case between Pramod vs K. V. Mymoona regarding mandatory injunction