Case Summary
The plaintiff, Girish K. R., seeks an injunction against the defendants to prevent his eviction from a property he claims to have rented. The defendants, including State Bank of India officials, assert that the suit is barred under the SARFAESI Act and challenge the plaintiff's tenancy.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
Key Reasoning:
The suit was dismissed as it was found to be barred under the provisions of the SARFAESI Act.
The suit was dismissed as it was found to be barred under the provisions of the SARFAESI Act.
Judgment Evidence:
The suit is therefore dismissed. The parties are directed to suffer their respective costs to the suit.
Parties Involved
Plaintiffs
Girish K. R. (53 years years)
Gauri Nandanam, Kalavoor P.O., Alappuzha, currently residing at Kochi Corporation, Door No. 66/3565, 8ᵗʰ Floor, Island Castle, Karithala, Ernakulam Village, Kanayannur Taluk.
Defendants
Thomas J. Vayalatt (63 years years)
Vayalatt House, 6/419 A, V T J Enclave, Maradu P.O, Maradu Kara, Maradu Village, Kanayannur Taluk, Ernakulam District Pin - 682 304.
Chief Manager, State Bank of India (Age not specified years)
S. M. E. Vyttila, 2ⁿᵈ Floor Shyama Business Hub, Ernakulam District 682 019.
Authorized Officer, State Bank of India (Age not specified years)
S. M. E. Vyttila, 2ⁿᵈ Floor Shyama Business Hub, Ernakulam District 682 019.
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiff sought a decree of injunction restraining the defendants from forcefully evicting him from the plaint schedule property.
Evidence:
the relief that is sought for in the suit at hand is to pass a decree of injunction as against the defendants, restraining them from forcefully evicting the plaintiff from the plaint schedule property otherwise than by due process of law as envisaged under Kerala Buildings (Lease and Rent Control) Act, 1965.