Case Summary
Sunil filed a suit against Abdul Azees for eviction and compensation for wrongful use of a shop room. The court found in favor of Sunil as the defendant failed to vacate the premises despite multiple notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to put the plaintiff in vacant possession of the shop room and pay the plaintiff Rs. 5000/- per month as compensation.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the tenancy and its termination through unchallenged evidence.
The plaintiff established the tenancy and its termination through unchallenged evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I. The defendant is directed to put the plaintiff in vacant possession of the plaint schedule shop room within 2 months from the date of this order.
Parties Involved
Plaintiffs
Sunil (44 years)
Kundil House, Chembuchira, Mattathoor, Mukundapuram Taluk, Thrissur, Pin: 680 684
Defendants
Abdul Azees (58 years)
Mathukkal Veedu, Poovvathumthara desom, Thozhuvannoor Post, Edayoor Village, Tirur Taluk, Pin: 676 552
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Defendant is directed to put the plaintiff in vacant possession of the plaint schedule shop room.
Evidence:
The defendant is directed to put the plaintiff in vacant possession of the plaint schedule shop room within 2 months from the date of this order.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to recover monthly rent of Rs. 5000/- from the defendant for the period specified.
Evidence:
The plaintiff is entitled to recover monthly rent of Rs. 5000/- per month from 01.04.2016 to 25.10.2016, from the defendant.
Relief Type:
Compensation
Outcome:
Granted
Description:
Plaintiff is entitled to recover compensation for wrongful use and occupation of the room.
Evidence:
The plaintiff is also entitled to recover Rs. 5000/- per month as compensation for wrongful use and occupation of the room, from the defendant from 25.11.2016 till the surrender of the scheduled room.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Jenam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document proving ownership of the plaint schedule shop room.
Reference:
Ext.A1
Document Type:
Rectification Deed
Submitted By:
Plaintiff
Relevance:
Document related to the ownership of the plaint schedule shop room.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document providing proof of tax payment related to the shop room.
Reference:
Ext.A3
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Document certifying the ownership of the plaint schedule shop room.
Reference:
Ext.A4
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document supporting the ownership and tax records of the shop room.
Reference:
Ext.A5
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice terminating the tenancy served to the defendant.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice to the defendant.
Reference:
Ext.A7