Case Summary
The plaintiff, Suresh Kumar.K, is seeking a mandatory injunction to evict the defendant, N.M.Rajeev, from the plaint schedule property which he alleges is being occupied unlawfully. The dispute centers around a license agreement regarding possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to remove his articles from the plaint schedule property and vacate within one month.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for a mandatory injunction, requiring the defendant to vacate the plaint schedule property.
Why Plaintiff Won:
The court found that the license agreement was validly terminated and that the defendant was occupying the property unlawfully.
The court found that the license agreement was validly terminated and that the defendant was occupying the property unlawfully.
Losing Side's Weaknesses:
The court found that the license agreement was validly terminated and that the defendant was occupying the property unlawfully.
The court found that the license agreement was validly terminated and that the defendant was occupying the property unlawfully.
Supporting Evidence
The court found that the defendant's claims regarding the license agreement were not substantiated by evidence.
Judgment Evidence:
In the result, the defendant is hereby directed to remove his articles from the plaint schedule property and vacate the plaint schedule property within one month from today failing which the plaintiff shall be entitled to execute the decree through the Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Kumar.K
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.M.Rajeev
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original Licence agreement between plaintiff to defendant, Agreement between plaintiff to defendant, Lawyer notice to defendant, Reply Notice, Ownership certificate issued by Kozhikode.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anil Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.Nandakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The plaintiff sought a mandatory injunction directing the defendant to vacate the plaint schedule property.
Evidence:
The issue is answered in favour of the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document constitutes the license agreement allowing the defendant to occupy the plaint schedule property temporarily.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement between the plaintiff and defendant regarding the exchange of property.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer's notice issued to the defendant demanding possession of the property.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply notice from the defendant responding to the plaintiff's demand.
Reference:
Ext.A4
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the ownership of the plaint schedule property by the plaintiff.
Reference:
Ext.A5
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 Suresh Kumar.K vs N.M.Rajeev regarding mandatory injunction
Case Code Year
Case between Suresh Kumar.K vs N.M.Rajeev regarding mandatory injunction