Case Summary
The plaintiff, V.K. John, claims ownership of property and seeks a permanent injunction against the defendant, Revathy.E.K., for wrongful occupation and unpaid fees. The defendant contends that the arrangement was a lease, not a license.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender plaint B schedule property to plaintiff within one month and pay Rs.31,384.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the arrangement was a license, not a lease, and the plaintiff proved ownership and entitlement to relief.
The court found that the arrangement was a license, not a lease, and the plaintiff proved ownership and entitlement to relief.
Judgment Evidence:
In the result, suit is decreed. Defendant is directed by a mandatory injunction to surrender plaint B schedule property to plaintiff within one month, failing which plaintiff can seek the assistance of the court and execute the same at the expense of defendant.
Parties Involved
Plaintiffs
V.K. John (71 years)
Vallikottarathil House, 15/180(5), Kundannur-Chilavannur Road, Maradu, Ernakulam, Pin – 682 304
Defendants
Revathy.E.K. (31 years)
Kalppathy Snacks Bar, CC48/474-E1, Mother Teresa Building, St. Ritas Road, Ponnurunni, Vyttila, Ernakulam, Kerala, Pin – 682 019
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Directed defendant to surrender plaint B schedule property to plaintiff within one month.
Evidence:
In the result, suit is decreed... Defendant is directed by a mandatory injunction to surrender plaint B schedule property to plaintiff within one month.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.31,384 from defendant.
Evidence:
Plaintiff is entitled to realize Rs.31,384 (Rupees Thirty one thousand three hundred and eighty four only) from defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to plaintiff.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 497/95 of SRO, Ernakulam, establishing plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Original Agreement of License between Plaintiff and Defendant, outlining the terms of property use.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No. 570573 of SBI, Kakkodi Branch for Rs. 15,000, relevant to the security deposit.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice issued to the defendant on 13.09.2022, revoking the license.
Reference:
Ext.A4
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Original acknowledgement card related to communication with the defendant.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice issued to the defendant on 12.10.2022, further revoking the license.
Reference:
Ext.A6
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Original acknowledgement card related to communication with the defendant.
Reference:
Ext.A7