Case Summary
Plaintiffs seek a mandatory injunction for the defendant to vacate a property they own, and damages for unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the property and damages for use and occupation
Case Type
Civil Suit - Mandatory Injunction and Damages
Final Judgment
No
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Judgment Evidence:
The suit is decreed as follows: The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today.
Parties Involved
Plaintiffs
Kadalayi Hussain (59 years)
Valavannur amsom and desom, Tirur Taluk
Bushra (43 years)
Valavannur amsom and desom, Tirur Taluk
Ahammad Kabeer (24 years)
Valavannur amsom and desom, Tirur Taluk
Defendants
Fakkarudheen Ali Ahammad (45 years)
Naluparambil House, Niramaruthur amsom Pathampad desom, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant to vacate the property
Evidence:
The defendant is directed by a mandatory injunction to vacate the plaint schedule property within a period of one month from today.
Relief Type:
Damages for Use and Occupation
Outcome:
Granted
Description:
Plaintiffs entitled to realize damages at the rate of Rs.1,000 per month from 10.1.2012
Evidence:
Plaintiffs are allowed to realise damages for use and occupation of the plaint schedule property at the rate of Rs.1,000/- per month from 10.1.2012 from the defendant and his assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
License agreement between defendant and previous owner
Reference:
Ext.A1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to defendant directing him to vacate the property
Reference:
Ext.A2
Document Type:
Returned Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of notice received by the defendant
Reference:
Ext.A3