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
The court has decreed in favor of the plaintiff, granting an injunction against the defendants from evicting him or disturbing his peaceful enjoyment of the apartment. The plaintiff is also awarded costs for the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The affidavit and documents would satisfactorily prove the plaintiff's case. Hence, the plaintiff is entitled to a decree as sought for.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Arun R Nair
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Panjos Garden Apartment Owner’s Association
- Relation
- represented by its President
- Party Role
- Defendant
- Party Name
- Geetha Nair
- Party Age
- 63
- Party Role
- Defendant
- Party Name
- V.T. Thomas
- Party Age
- 66
Plaintiffs Documents
Receipt bearing no. 3340 issued by the 1st defendant association, Notice issued by the 1st defendant association, Receipt for payment of rent for the month of June, 2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas M Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Malleenathan M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.Mangala Venkataraman
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Sahil P.M
- Appearance Type
- Assisting Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Arun R Nair vs Panjos Garden Apartment Owner’s Association et al regarding permanent prohibitory injunction
Case Code Year
Case between Arun R Nair vs Panjos Garden Apartment Owner’s Association et al regarding permanent prohibitory injunction