Case Summary
C.M. Subair, a tenant running a jewelry business, is seeking a perpetual prohibitory injunction against his landlords, Salam and others, to prevent them from evicting him without due process. The plaintiff claims that he is being wrongfully threatened with eviction despite paying rent regularly.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established his possession over the property and demonstrated that eviction attempts by the defendants contravened the legal requirements under lease law.
The plaintiff established his possession over the property and demonstrated that eviction attempts by the defendants contravened the legal requirements under lease law.
Judgment Evidence:
In the result, the defendants are restrained by way of a decree of permanent prohibitory injunction restraining defendants, their men and agents and representatives from evicting the plaintiffs from the plaint A schedule building by using any form of physical force, otherwise than under due process of law.
Parties Involved
Plaintiffs
C.M. Subair (58 years years)
Akbar Manzil, Cheruparambil House, Changampuzha Nagar P.O., Kalamassery, Thrikkakara North Village
Defendants
Salam (54 years years)
Poovathummottil (H), Edapally P.O., Toll Gate, Ernakulam – 682 024
Saly (48 years years)
Poovathummottil (H), Edapally P.O., Toll Gate, Ernakulam- 682 024
Sakeer (46 years years)
Poovathummottil (H), Edapally P.O., Toll Gate, Ernakulam- 682 024
Sameer (41 years years)
Poovathummottil (H), Edapally P.O., Toll Gate, Ernakulam- 682 024
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from evicting the plaintiff without due process.
Evidence:
The defendants are restrained by way of a decree of permanent prohibitory injunction restraining defendants, their men and agents and representatives from evicting the plaintiffs from the plaint A schedule building by using any form of physical force, otherwise than under due process of law.
Documents & Evidence
Document Type:
Certified copy of the acknowledgement of NEFT Applications
Submitted By:
Plaintiff
Relevance:
Submitted to support the plaintiff's claim of regular rent payments.
Reference:
Ext.A1
Document Type:
True Photostat copy of the letter
Submitted By:
Plaintiff
Relevance:
Submitted as part of the plaintiff's evidence.
Reference:
Ext.A2
Document Type:
True Photostat copy of the letter
Submitted By:
Plaintiff
Relevance:
Submitted as part of the plaintiff's evidence.
Reference:
Ext.A3
Document Type:
True Photostat copy of the letter
Submitted By:
Plaintiff
Relevance:
Submitted as part of the plaintiff's evidence.
Reference:
Ext.A4