Case Summary
C G Ganesan filed a petition against Shine Gireeshan and Shajil Prabha for a temporary injunction to prevent them from evicting him from his jewelry shop. The petitioner claims he has a valid rental agreement and is being threatened with forced eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining defendants from trespassing into the shop room and forcibly evicting the petitioner.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for temporary injunction preventing the defendants from forcibly evicting the plaintiff from his shop, maintaining that he has a valid tenancy agreement.
Why Plaintiff Won:
The court found that the petitioner established a prima facie case and that he would suffer irreparable loss if the injunction was not granted.
The court found that the petitioner established a prima facie case and that he would suffer irreparable loss if the injunction was not granted.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court is satisfied that the plaintiff has established a prima facie case, Ext.A1 agreement was for a period of 11 months from 06.04.2024 and the petitioner is regular in payment of rent as evident from the passbook produced.
Judgment Evidence:
In the result, 1) Petition is allowed. Respondent is restrained by temporary injunction from trespassing into plaint schedule shop room and also forcefully dispossessing the petitioner from the plaint schedule shop room against the terms and conditions in rent deed dated 06.03.2024 without due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C G Ganesan
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shine Gireeshan
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shajil Prabha
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Copy of Rent Deed executed between the plaintiff and defendant, Copy of Account Statement pertaining to the plaintiff account with Peoples Urban Co-Operative Bank, Tripunithura, Photograph, Copy of Cheque no: 706322 in Peoples Urban Co-Operative Bank Ltd., Copy of Bank pass book of account no: 124517
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M S Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aaditya Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ardra Krishnan M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Diya Merin Biju
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anusree B
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Binny Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restriction of respondents from trespassing into the shop room and forcefully evicting the petitioner.
Evidence:
The court is satisfied that the petitioner will be put to irreparable loss and injury if an order of injunction is not passed.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the rental agreement between the petitioner and respondents.
Reference:
Ext.A1
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document shows the financial transactions related to the payment of rent.
Reference:
Ext.A2
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
This document was submitted as evidence but its specific relevance is not detailed.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This document is related to the payment of rent by cheque, which was not accepted by the respondent.
Reference:
Ext.A4
Document Type:
Bank Passbook
Submitted By:
Plaintiff
Relevance:
This document provides proof of the payment history relevant to the rental agreement.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was used to determine facts related to the eviction and the state of the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between C G Ganesan vs Shine Gireeshan et al regarding temporary injunction and eviction dispute
Case Code Year
Case between C G Ganesan vs Shine Gireeshan et al regarding temporary injunction and eviction dispute
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour