Case Summary
The case involves a petition for a temporary injunction filed by Ali V against defendants including Thomas J Vayalatt and the State Bank of India. The petitioner, claiming to be a tenant, is seeking protection from being evicted without due process of law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against eviction without due process of law.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a prima facie case showing lawful possession and the need for due process in eviction.
The plaintiff established a prima facie case showing lawful possession and the need for due process in eviction.
Judgment Evidence:
In the result, the petition is allowed. Defendants are restrained by temporary order of injunction from forcefully evicting the plaintiff from plaint schedule property without due process of law.
Parties Involved
Plaintiffs
Ali V (85 years years)
Suhara Manzil House, 2/452, Inchiparambu, Thrikkakara P O, Kakkanad Kara, Kakkanad Village, Kanayannur Taluk, Pin- 682021
Defendants
Thomas J Vayalatt (63 years years)
Vayalatt House, 6/419 A, V T J Enclave, Maradu P O, Maradu Kara, Maradu Village, Kanayannur Taluk, Ernakulam District, Pin- 682304
Chief Manager, State Bank Of India (Age not specified years)
S M E Vyttila, 2nd Floor, Shyama Business Hub, Ernakulam District, Pin- 682019
Authorised Officer, State Bank Of India (Age not specified years)
S M E Vyttila, 2nd Floor, Shyama Business Hub, Ernakulam District, Pin- 682019
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Temporary injunction restraining defendants from forcefully evicting the plaintiff.
Evidence:
In the facts and circumstances of the case, the petition is liable to be allowed.
Documents & Evidence
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Executed between plaintiff and 1st defendant, establishing the plaintiff as a tenant.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Photostat copy of tax paid receipt in Thrikkakara Municipality, supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Ownership Certificate issued by Thrikkakara Municipality, relevant to the property in question.
Reference:
Ext.A3