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
The court allowed the plaintiff's petition for a temporary injunction, preventing the defendant from evicting the plaintiff or disconnecting utilities. The plaintiff is required to continue paying rent as per the agreement.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiff has established a prima facie case and has been paying rent regularly, demonstrating a clear entitlement to remain in the premises during litigation.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Jibin K Mathew
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V Somarajan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Copy of rental agreement dated 26.05.2023, Payment summary of rent paid on 11.07.2024, Complaint filed before the Inspector of Police, Palarivattom
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sunil N
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjanadevi G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arsha John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Philip T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Achu Shubha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rineesha Rajkumar
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Illegal eviction
Case Code
Case between Jibin K Mathew vs V Somarajan regarding temporary injunction and leasehold rights
Case Code Year
Case between Jibin K Mathew vs V Somarajan regarding temporary injunction and leasehold rights