Case Summary
Alex Joseph is the plaintiff claiming ownership and possession of a property against defendants Shenoi Rajan and Gibin Babu. The case revolves around the defendants' failure to pay rent and their attempt to unlawfully enter the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from entering the property and interfering with the plaintiff's possession.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's claims substantiated by unrebutted testimony and evidence.
The court found the plaintiff's claims substantiated by unrebutted testimony and evidence.
Judgment Evidence:
In the result, suit is decreed as follows. A decree of permanent prohibitory injunction is passed restraining the defendants, his men and agents from entering into the plaint schedule building and interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule building.
Parties Involved
Plaintiffs
Alex Joseph (60 years years)
Veliyath House, Valavi Road, Ernakulam, Pin682018
Defendants
Shenoi Rajan (Age not specified years)
Konnothuthara House, Pattanakkadu, Cherthala, Alappuzha688531.
Gibin Babu (Age not specified years)
Alooparambil House, Azheekodu, Kodungallur, Thrissur680 666
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree restraining the defendants from entering the plaintiff's property.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants, his men and agents from entering into the plaint schedule building and interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule building.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Established the authority of the plaintiff to file the suit.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Demonstrated the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provided evidence of the plaintiff's financial obligations related to the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supported the claim of ownership by showing tax compliance.
Reference:
Ext.A4
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Outlined the terms under which the defendants occupied the property.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Indicated the plaintiff's legal efforts to resolve the dispute.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Showed the defendants' acknowledgment of the issues raised.
Reference:
Ext.A7
Document Type:
Agreement with New Licensee
Submitted By:
Plaintiff
Relevance:
Demonstrated the plaintiff's actions taken in response to the defendants' breach.
Reference:
Ext.A8