Case Summary
Puthukulangara Musthafa filed a suit against Shanoob. V for mandatory injunction due to unauthorized occupation of property. The plaintiff claims arrears of license fee and compensation for the unauthorized occupation of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the plaint schedule building, payment of Rs.4,08,000/- towards arrears of license fee and Rs.51,000/- for unauthorized occupation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the premises and pay the outstanding license fee and compensation for unauthorized occupation.
Why Plaintiff Won:
The plaintiff established rights under a license agreement and the defendant's unauthorized occupation.
The plaintiff established rights under a license agreement and the defendant's unauthorized occupation.
Losing Side's Weaknesses:
The plaintiff established rights under a license agreement and the defendant's unauthorized occupation.
The plaintiff established rights under a license agreement and the defendant's unauthorized occupation.
Supporting Evidence
The plaintiff's contentions were supported by evidence showing the existence of a license agreement and the terms of the agreement were not fulfilled by the defendant.
Judgment Evidence:
In the result, The suit is decreed as follows: 1The 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. 2The defendant is also directed to pay Rs.4,08,000/- (Rupees Four Lakhs And Eight Thousand Only) towards arrears of license fee from 1.1.2021 to 11.11.2022.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Puthukulangara Musthafa
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shanoob. V
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Document No.274/2016, Ext.A1 series, A2
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. P. Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. C. Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eva Zacharia
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sakkeer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Joshila
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The defendant is 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 him kept in the plaint schedule building within 2 months from the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.4,08,000/- towards arrears of license fee.
Evidence:
The defendant is also directed to pay Rs.4,08,000/- (Rupees Four Lakhs And Eight Thousand Only) towards arrears of license fee from 1.1.2021 to 11.11.2022.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendant is directed to pay Rs.51,000/- as compensation for unauthorized occupation.
Evidence:
The defendant is directed to pay to the plaintiffs Rs.51,000/- (Rupees Fifty One Thousand Only) compensation for the unauthorized occupation from 12.11.22 to 05.02.2023 and for two months thereafter.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is directed to pay the cost of the suit.
Evidence:
The defendant is directed to pay the cost of the suit to the plaintiffs.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to assert the plaintiff's claim regarding the license agreement and its revocation.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document supports the delivery of the lawyer notice issued by the plaintiff.
Reference:
Ext.A1(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document indicates the non-receipt of the notice by the defendant.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Puthukulangara Musthafa vs Shanoob. V regarding mandatory injunction
Case Code Year
Case between Puthukulangara Musthafa vs Shanoob. V regarding mandatory injunction