Case Summary
Arun R Nair is the plaintiff who has filed a suit against the Panjos Garden Apartment Owner’s Association and two individuals regarding threats of eviction from his rented apartment. The plaintiff seeks a permanent injunction to prevent disturbances in his possession and enjoyment of the apartment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants, their men and agents are restrained from trespassing into the plaint schedule apartment and from committing any act of waste therein and from cutting off the common amenities and facilities and from causing any disturbance to the peaceful possession and enjoyment of the plaint schedule apartment by the plaintiff and anyone claiming through him.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiff is a bona fide tenant and the defendants have no right to evict him or disturb his possession without due legal process.
The court found that the plaintiff is a bona fide tenant and the defendants have no right to evict him or disturb his possession without due legal process.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendants, their men and agents are restrained from trespassing into the plaint schedule apartment and from committing any act of waste therein.
Parties Involved
Plaintiffs
Arun R Nair (33 years years)
Flat no. 2A, 2nd Floor, Panjos Gardens, Padivattom, Edappally P.O, Ernakulam, Pin – 682 024
Defendants
Panjos Garden Apartment Owner’s Association (Age not specified years)
Panjos Gardens, Padivattom, Edappally P.O, Ernakulam, Pin – 682 024
Geetha Nair (63 years years)
Flat no. 3B, Panjos Gardens, Padivattom, Edappally P.O, Ernakulam, Pin – 682 024
V.T. Thomas (66 years years)
Flat no. 6F, Panjos Gardens, Padivattom, Edappally P.O, Ernakulam, Pin – 682 024
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from trespassing, committing waste, cutting off amenities, and causing disturbances.
Evidence:
Defendants, their men and agents are restrained from trespassing into the plaint schedule apartment and from committing any act of waste therein and from cutting off the common amenities and facilities and from causing any disturbance to the peaceful possession and enjoyment of the plaint schedule apartment by the plaintiff and anyone claiming through him.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Plaintiff shall also be entitled for the costs of the suit.
Documents & Evidence
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Issued by the 1st defendant association for payment of maintenance charge.
Reference:
Ext.A1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Issued by the 1st defendant association regarding NOC and maintenance dues.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
For payment of rent for the month of June 2025.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by Adv. Suji M.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Accompanies the commission report.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Plaintiff's oral testimony as PW1.
Reference: