Case Summary
S. Hydaer Khan, the plaintiff, is seeking a mandatory injunction against Aslam. K. N, the defendant, who has defaulted on payment of licence fees for a shop room. The plaintiff claims compensation for the unpaid fees and seeks possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to give vacant possession of the shop room and to pay Rs.44,000/- and Rs.85,500/- towards the arrears of licence fee.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to vacate the shop room and pay the outstanding licence fees along with interest.
Why Plaintiff Won:
The defendant's failure to pay the licence fees and non-appearance in court led to the plaintiff's success.
The defendant's failure to pay the licence fees and non-appearance in court led to the plaintiff's success.
Losing Side's Weaknesses:
The defendant's failure to pay the licence fees and non-appearance in court led to the plaintiff's success.
The defendant's failure to pay the licence fees and non-appearance in court led to the plaintiff's success.
Supporting Evidence
The positive assertion made by PW1 in his affidavit has not been challenged by the defendant. As the defendant kept the licence fee in arrears, the plaintiff is entitled to get vacant possession of the plaint schedule shop room and licence fee arrears from the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to give vacant possession of the plaint schedule shop room and to remove the articles belonging to him kept in the plaint schedule building within two months from the date of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S. Hydaer Khan
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aslam. K. N
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original rent agreement executed between Hyder Khan and Aslam K. N, Copy of lawyer notice, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sajira C. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. C. K. Zeenath
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Hamna. P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to give vacant possession of the plaint schedule shop room and remove articles.
Evidence:
The defendant is directed to give vacant possession of the plaint schedule shop room and to remove the articles belonging to him kept in the plaint schedule building within two months from the date of the decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay arrears of license fee.
Evidence:
The defendant is also directed to pay Rs.44,000/-(Rupees Forty Four Thousand) towards the arrears of licence fee from January 2022 to 01.11.2022 and Rs.85,500/-(Rupees Eighty Five Thousand Five Hundred) from 01.12.2022 to 01.06.2024.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant directed to pay monthly license fee with interest.
Evidence:
The defendant is also directed to pay to the plaintiff monthly licence fee at the rate of Rs.4,500/-(Rupees Four Thousand Five Hundred) with interest 8% from 01.07.2024.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant directed to pay the costs of the suit.
Evidence:
The defendant is directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
To prove the defendant is the licensee of the plaint schedule property owned by the plaintiff.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Related to the plaintiff's claims for vacant possession and arrears of license fee.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Supportive evidence of the lawyer notice sent.
Reference:
Ext.A3
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 S. Hydaer Khan vs Aslam. K. N regarding mandatory injunction.
Case Code Year
Case between S. Hydaer Khan vs Aslam. K. N regarding mandatory injunction.