Case Summary
Plaintiff Sakkeena sought a mandatory injunction to recover possession of a building from the defendant and claim damages for unauthorized occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the building and damages for use and occupation
Case Type
Civil Suit - Mandatory injunction and damages
Final Judgment
No
Why Plaintiff Won:
In this case, the license is already revoked. When the defendant failed to vacate the room even after revocation of license granted by the owner of the property, the owner is entitled to file a suit for mandatory injunction directing the defendant to vacate the property.
In this case, the license is already revoked. When the defendant failed to vacate the room even after revocation of license granted by the owner of the property, the owner is entitled to file a suit for mandatory injunction directing the defendant to vacate the property.
Judgment Evidence:
Suit for mandatory injunction and realization of damages for use and occupation.
Parties Involved
Plaintiffs
Sakkeena (41 years)
Post Anathavoor, Tirur Taluk
Defendants
Parambil Abdul Kareem (38 years)
Thirunnavaya amsom, desom & Post, Tirur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to vacate the building
Evidence:
Plaintiff permitted the defendant to occupy the building as licensee on condition to pay license fee.
Relief Type:
Damages for Use and Occupation
Outcome:
Granted
Description:
Realization of damages at the rate of Rs.2,500/- per month from 01-06-2015
Evidence:
Plaintiff suffered loss due to defendants' act of not giving vacant possession.
Documents & Evidence
Document Type:
Janam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proof of ownership
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document regarding settlement
Reference:
Ext.A2