Case Summary
The plaintiffs, three advocates, are tenants of rooms owned by the defendant and are seeking to prevent eviction due to a rent hike. They claim that the defendant's actions threaten their peaceful possession and enjoyment of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant and his men are restrained from forcefully entering and obstructing the plaintiffs' advocate offices.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, restraining the defendant from evicting the plaintiffs or obstructing their office functions.
Why Plaintiff Won:
The plaintiffs succeeded in proving their case with sufficient evidence.
The plaintiffs succeeded in proving their case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiffs succeeded in proving their case with sufficient evidence.
The plaintiffs succeeded in proving their case with sufficient evidence.
Supporting Evidence
By producing Exts.A1 to A7 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case.
Judgment Evidence:
In the result, this suit is decreed as follows: (i) The defendant and his men are hereby restrained from forcefully entering into plaint A, B and C schedule, from causing any sort of obstructions to the smooth functioning of the Advocate Offices of the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Adv.V.Vinayachandran
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Adv.Abdul Barri
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Adv.N.B.Chandramohan
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gayathri Devi
- Party Age
- 59
- Relation
- W/o
Plaintiffs Documents
Rent receipts and lease agreements.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Vinayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abdul Barri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.B.Chandramohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.G.Bindu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chithra D.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajeev
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and his men are restrained from forcefully entering into plaint A, B and C schedule
Evidence:
The defendant and his men are hereby restrained from forcefully entering into plaint A, B and C schedule, from causing any sort of obstructions to the smooth functioning of the Advocate Offices of the plaintiffs in plaint A, B and C schedule.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and his men are restrained from causing any sort of obstructions to the peaceful possession of plaintiffs
Evidence:
The defendant and his men are also restrained from causing any sort of obstructions to the peaceful possession and enjoyment of plaintiffs over the plaint A, B and C schedule buildings and from forcibly evicting the plaintiffs from the plaint A, B and C schedule buildings without recourse to the provisions of the Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Rent receipt of plaint A schedule dated 19/12/2022
Reference:
Ext.A1
Document Type:
Original rent receipt
Submitted By:
Plaintiff
Relevance:
Original rent receipt of plaint B schedule dated 19/12/2022
Reference:
Ext.A2
Document Type:
Rent Receipt
Submitted By:
Plaintiff
Relevance:
Rent receipt of plaint C schedule dated 05/01/2023
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Rent agreement dated 01/01/2023
Reference:
Ext.A4
Document Type:
Additional Affidavits
Submitted By:
Plaintiff
Relevance:
Additional affidavits filed by the plaintiff Nos. 1 to 3
Reference:
Ext.A5 to A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and mahassar prepared by Adv. Commissioner Sri. Milan Mariyamma Mathew
Reference:
Ext.C1 series
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies provided by plaintiffs during the hearing
Reference:
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Adv.V.Vinayachandran et al vs Gayathri Devi regarding permanent prohibitory injunction.
Case Code Year
Case between Adv.V.Vinayachandran et al vs Gayathri Devi regarding permanent prohibitory injunction.