O.S.No.387/2023

Case between Rahath Hakkeem vs Rajani Sreekumar regarding mandatory injunction

Court

II ADDITIONAL MUNSIFF, ERNAKULAM

Judge

Smt. Maneesha K Bhadran

Order Date

2024-01-20

Duration

Judgement document from eCourt website

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Case Summary

Rahath Hakkeem filed a suit against her tenant, Rajani Sreekumar, for mandatory injunction to vacate the rented property after the expiry of the rental agreement. The defendant failed to appear in court, and the plaintiff presented evidence showing entitlement to possession.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favor of the plaintiff, directing the defendant to vacate the property and pay the costs of the suit. The court found that the plaintiff had established ownership and the defendant's continued occupation was without right.

Judgment Favored

Plaintiff

Relief Granted

Mandatory injunction for the defendant to vacate the property within one month.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The plaintiff established ownership of the property and the defendant's occupation was after the expiry of the rental agreement.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1) Defendant is directed by a mandatory injunction to surrender vacant possession of plaint schedule property to plaintiff within one month, failing which plaintiff can seek the assistance of the court and execute the same at the expense of defendant.

Parties Involved

Plaintiffs

Rahath Hakkeem (58 years years) Jis N Ree’s, Kappela Junction, Edayakkunnam, South Chittoor.P.O., Pin – 682 027, Cheranelloor Village.

Defendants

Rajani Sreekumar (Age not specified years) Thathwamasi, Kesavapuram, Karunagappally.P.O., Pin – 690 518, Kollam District.

Reliefs

Relief Type: Mandatory Injunction

Outcome: Granted

Description:

Defendant is directed to surrender vacant possession of plaint schedule property to plaintiff within one month.

Evidence:

Defendant is directed by a mandatory injunction to surrender vacant possession of plaint schedule property to plaintiff within one month, failing which plaintiff can seek the assistance of the court and execute the same at the expense of defendant.

Relief Type: Costs

Outcome: Granted

Description:

Defendant is directed to pay costs of the suit to plaintiff.

Evidence:

Defendant is directed to pay costs of the suit to plaintiff.

Documents & Evidence

Document Type: Lawyers notice

Submitted By: Plaintiff

Relevance:

This document demands the defendant to surrender vacant possession of the plaint schedule property.

Reference:

Ext.A1

Document Type: Returned notice