Case Summary
Plaintiffs sought a mandatory injunction to vacate a property from the defendant, who occupied the premises in contravention of the license agreement. The court decreed in favor of the plaintiffs for eviction and awarded damages for use and occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction for eviction and damages for use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved ownership and violation of the license agreement by the defendant, justifying the grant of the mandatory injunction and damages.
The plaintiffs proved ownership and violation of the license agreement by the defendant, justifying the grant of the mandatory injunction and damages.
Judgment Evidence:
The suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today. 2. Plaintiffs are allowed to realise damages for use and occupation at the rate of Rs.2,000/- per month from 10.1.2012 from the defendant and her assets. 3. Plaintiffs are entitled to realise costs of the suit from the defendant.
Parties Involved
Plaintiffs
Kadalayi Husain @ Bava Haji (59 years)
Valavannur amsom, desom, Tirur Taluk
Bushra (43 years)
Valavannur amsom, desom, Tirur Taluk
Ahammad Kabeer (24 years)
Valavannur amsom, desom, Tirur Taluk
Defendants
K.C. Vaheeda (45 years)
Rayirimangalam amsom, Tanur Nagaram desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiffs are allowed to realize damages for use and occupation at the rate of Rs.2,000/- per month from the defendant.
Evidence:
The suit is decreed as follows: 1. The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today. 2. Plaintiffs are allowed to realise damages for use and occupation at the rate of Rs.2,000/- per month from 10.1.2012 from the defendant and her assets.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proved service of notice to defendant directing to vacate the property.
Reference:
A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidenced receipt of notice by the defendant.
Reference:
A2
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Established terms of the license agreement between plaintiffs and defendant.
Reference:
A3