Case between Rahath Hakkeem vs Rajani Sreekumar regarding mandatory injunction

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

No

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.

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

Losing Side's Weaknesses:
Not available

Supporting Evidence

The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff.

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

Parties

Party Role: Plaintiff
Party Name: Rahath Hakkeem
Party Age: 58
Relation: W/o

Party Role: Defendant
Party Name: Rajani Sreekumar
Relation: W/o

Plaintiffs Documents

Office copy of lawyer notice issued to the defendants, Returned registered cover with letters.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: T.K. Ajithkumar
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Aswani Jothy.A.S.
Appearance Type: Assisting Counsel

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

Submitted By: Plaintiff

Relevance:

This document is a notice that was returned unserved.