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
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.
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
Plaintiffs
C G Ganesan (69 years)
Chenattuparambil House, Chathari, Vymeethi Road, Near Railway Station, Tripunithura Nadama Village, Tripunithura, Ernakulam, Pin-682301
Defendants
Shine Gireeshan (58 years)
Prabha Nivas, Nadama Village, Kanayannur Taluk, Ernakulam, Tripunithura, Ernakulam, Pin-682301
Shajil Prabha (56 years)
Prabha Nivas, Nadama Village, Kanayannur Taluk, Ernakulam, Tripunithura, Ernakulam, Pin-682301
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