Case Summary
The case involves S. Hyder Khan seeking a mandatory injunction and compensation from Aslam. K. N. for unauthorized occupation of a property. The plaintiff claims that the defendant failed to pay the agreed license fee and continues to occupy the property without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to give vacant possession of the plaint schedule building and pay Rs. 99,000/- towards arrears of license fee along with interest.
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 outstanding license fees and compensation for unauthorized occupation.
Why Plaintiff Won:
The plaintiff proved ownership of the property and the defendant's breach of the license agreement.
The plaintiff proved ownership of the property and the defendant's breach of the license agreement.
Losing Side's Weaknesses:
The plaintiff proved ownership of the property and the defendant's breach of the license agreement.
The plaintiff proved ownership of the property and the defendant's breach of the license agreement.
Supporting Evidence
The positive assertion made by PW1 in his affidavit has not been challenged by the defendant. Plaintiffs by Ext.A2 revoked the license. As defendant kept license fee in arrears, plaintiff is entitled to get eviction and license fee arrears from the defendant.
Judgment Evidence:
In the result, Suit is decreed as follows: 1. The defendant is directed to give vacant possession of the plaint schedule building to plaintiff and to remove the articles belonging to him kept in the plaint schedule building within 2 months from the date of decree. 2. The defendant is also directed to pay Rs. 99,000/- towards arrears of license fee from March 2023 to June 2024 along with an interest at the rate of 6% per annum till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S. Hyder Khan
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aslam. K. N.
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Jenmam Assignment Deed No.232/2015, License agreement dated 07.12.2023, lawyer notice dated 01.07.2024, postal receipts, acknowledge card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sajira C. K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Zeenath C. K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Hamna. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
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 to plaintiff 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. 99,000/- towards arrears of license fee.
Evidence:
The defendant is also directed to the to pay Rs. 99,000/- (Rupees Ninety Nine Thousand Only) plaintiffs towards arrears of license fee from March 2023 to June 2024 along with an interest at the rate of 6% per annum till realization.
Relief Type:
Compensation
Outcome:
Granted
Description:
The defendant is directed to pay compensation for unauthorized occupation.
Evidence:
The defendant is also directed to pay to the plaintiffs the monthly license fee @ Rs. 10,000/- (Rupees Ten Thousand Only) per month from 01/07/2024 to 01/12/2024 as compensation for unauthorized occupation.
Relief Type:
Compensation
Outcome:
Granted
Description:
The plaintiff is entitled to realize compensation from the date of suit till realization.
Evidence:
The plaintiff is also entitled to realize 10,000/- (Rupees Ten Thousand Only) per month from the date of suit till realization as compensation for the unauthorized occupation on payment of court fee.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is 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:
License Agreement
Submitted By:
Plaintiff
Relevance:
Proves that the defendant is the licensee of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Revoked the license agreement.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Served as proof of sending the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Acknowledge Card
Submitted By:
Plaintiff
Relevance:
Served as proof of acknowledgement for the lawyer notice.
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. Hyder Khan vs Aslam. K. N. regarding mandatory injunction and compensation
Case Code Year
Case between S. Hyder Khan vs Aslam. K. N. regarding mandatory injunction and compensation