Case Summary
Aneesh Kurian, a tenant, filed a suit against Abdul Khadar and Isha Abdul Khadar for a permanent prohibitory injunction to prevent forced eviction and obstruction of his business. The defendants counterclaimed seeking a decree to restrain Aneesh from conducting a coffee shop and cool bar in the rented premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing into the plaint schedule shop room, obstructing the business therein, forcibly evicting plaintiff therefrom and committing wastes in the shop room.
Case Type
Civil Suit
Final Judgment
No
The suit for permanent prohibitory injunction is decreed, restraining the defendants from forcibly evicting the plaintiff or obstructing his business in the rented shop rooms.
Why Plaintiff Won:
The plaintiff, being a statutory tenant, cannot be evicted without due process of law, and the court found no evidence of misuse of property.
The plaintiff, being a statutory tenant, cannot be evicted without due process of law, and the court found no evidence of misuse of property.
Losing Side's Weaknesses:
The plaintiff, being a statutory tenant, cannot be evicted without due process of law, and the court found no evidence of misuse of property.
The plaintiff, being a statutory tenant, cannot be evicted without due process of law, and the court found no evidence of misuse of property.
Supporting Evidence
The evidence would show that the plaintiff is conducting coffee shop and cool bar in the rented premises after obtaining necessary license.
Judgment Evidence:
In the result counterclaim is dismissed and the suit is decreed as follows:- 1A decree of permanent prohibitory injunction is granted restraining the defendants 1 and 2 from trespassing into the plaint schedule shop room, obstructing the business therein, forcibly evicting plaintiff therefrom and committing wastes in the shop room.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aneesh Kurian
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Khadar
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Isha Abdul Khadar
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Rent agreement dated 29.02.2021, various licenses issued for business activities.
Defendants Documents
Order in I.A 1/2023 in RCP 3/2023 of the Rent Control Kanjirappally.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sony Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from forcibly evicting the plaintiff.
Evidence:
Defendants are to be restrained from forcibly evicting the plaintiff from the shop room.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Counter claim for Permanent Prohibitory Injunction against conducting coffee shop and cool bar.
Evidence:
Counterclaim is dismissed.
Documents & Evidence
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Establishes payment of building tax for the petition schedule shop rooms.
Reference:
Ext.A1
Document Type:
Application for Licence
Submitted By:
Plaintiff
Relevance:
A request to obtain license from Mundakayam Grama Panchayath.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves sending of communication related to business.
Reference:
Ext.A3
Document Type:
Written complaint
Submitted By:
Plaintiff
Relevance:
Complaint filed by the plaintiff concerning business operations.
Reference:
Ext.A4
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued by Food Safety and Standards Authority of India.
Reference:
Ext.A5
Document Type:
Medical Fitness Certificate
Submitted By:
Plaintiff
Relevance:
Certificate related to health standards for food handling.
Reference:
Ext.A6
Document Type:
Sanitary Certificate
Submitted By:
Plaintiff
Relevance:
Certifies hygiene compliance for business operations.
Reference:
Ext.A7
Document Type:
License
Submitted By:
Plaintiff
Relevance:
License issued by Mundakayam Grama Panchayath for conducting business.
Reference:
Ext.A8
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Certified copy of a court order vacating an ex-parte injunction.
Reference:
Ext.A9
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Order directing plaintiff to pay arrears of rent.
Reference:
Ext.B1
Document Type:
Memorandum
Submitted By:
Defendant
Relevance:
Records communication in the Rent Control proceedings.
Reference:
Ext.B2
Document Type:
Memo
Submitted By:
Defendant
Relevance:
Series of memos related to the Rent Control proceedings.
Reference:
Ext.B2 Series
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report prepared by the court-appointed commissioner.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual reference provided by the commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2022