Case Summary
The plaintiff, S M Dileepkumar, is the owner of a building who filed a suit against Rijun N for non-payment of a license fee. The defendant has defaulted on payments totaling Rs.3,20,000 and is currently in jail, which has resulted in the plaintiff seeking eviction and damages.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.3,20,000 along with interest and Rs.80,000 as monthly damages until vacated.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established ownership and the defendant's failure to pay license fees as per the agreement.
The plaintiff established ownership and the defendant's failure to pay license fees as per the agreement.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) Defendant shall pay Rs.3,20,000/- (Rupees Three lakhs twenty thousand only) along with interest ...
Parties Involved
Plaintiffs
S M Dileepkumar (72 years)
Thoufeek House, Puthiya Road, Edapally South Village, Kanayanoor Taluk, Thammanam P O, 682019, Ernakulam District
Defendants
Rijun N (27 years)
Proprietor, M/s Dreamer Passionates, CC No.46/2034(A), Malikayil Tower, AKG Vayanashala Road, Chakkarapparambu, Thammanam P O, Ernakulam, Kochi-682019
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.3,20,000/- along with interest.
Evidence:
Defendant shall pay Rs.3,20,000/- (Rupees Three lakhs twenty thousand only) along with interest @18% per annum from the date of suit till the date of decree and @ 6% from the date of decree till payment or realization.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant shall pay Rs.80,000/- as monthly damages until vacating the premises.
Evidence:
Defendant shall pay Rs.80,000/-(Rupees Eighty thousand only) as monthly damages from the date of suit till the defendant vacates the plaint schedule premises.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule premises.
Evidence:
Defendant is directed by a mandatory injunction to vacate the plaint schedule premises and give vacant possession thereof to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the arrangement between the parties for the use of the premises.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff’s obligation to pay property tax.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Shows the demand for payment of arrears and termination of the license agreement.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice to the defendant.
Reference:
Ext.A4