Case Summary
The plaintiff, Jibin K Mathew, seeks a temporary injunction against the defendant, V Somarajan, to prevent eviction and utility disconnection from rented property. This case arose from disputes over the rental agreement and alleged harassment by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendant from forcibly evicting the plaintiff and disconnecting utilities.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found a prima facie case established by the plaintiff regarding the risks of irreparable loss and that the balance of convenience favored the plaintiff.
The court found a prima facie case established by the plaintiff regarding the risks of irreparable loss and that the balance of convenience favored the plaintiff.
Judgment Evidence:
In the result, the court allowed the petition and restrained the defendant from forcibly evicting the plaintiff from the plaint schedule building and from disconnecting the electric and water supply connections.
Parties Involved
Plaintiffs
Jibin K Mathew (26 years)
Kunnel House, Vadserikkara, Poika P O, Pathanamthitta District, Kerala, India
Defendants
V Somarajan (58 years)
#159, Second block, 3rd stage, 3F Cross Road, Judges Colony, Bangalore North, Basaveshwara Nagar, Bangalore, Karnataka, India
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Temporary injunction restraining defendant from forcibly evicting the plaintiff and disconnecting utilities.
Evidence:
Therefore the court is satisfied that the temporary injunction has to be allowed restraining defendant from evicting the plaintiff forcefully.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of agreement made between the defendant and the plaintiff.
Reference:
Ext.A1
Document Type:
Payment Summary
Submitted By:
Plaintiff
Relevance:
Payment summary of Rs. 16,500 paid to the defendant as rent of June 2024.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of Complaint filed before the Inspector of Police, Palarivattom, by the plaintiff.
Reference:
Ext.A3
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Copy of Judgment in O S No. 543/21 of this Court.
Reference:
Ext.A4