Case Summary
K M Babu, an electric contractor, seeks a temporary injunction against Vyapar Mandir Palarivattom Pvt. Ltd. and its directors to prevent unlawful eviction from his rented commercial space. The defendants claim that the plaintiff is a trespasser and deny any tenancy agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from forcibly evicting the plaintiff from the rented room.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
Judgment Evidence:
In the result, the petition is allowed as follows: 1) Petition is allowed. 1st respondent is restrained by temporary injunction from forcibly evicting plaintiff from plaint B schedule room and also from interfering with the petitioner's peaceful possession, use and enjoyment over the petition schedule property without due process of law.
Parties Involved
Plaintiffs
K M Babu (64 years)
Kaniyamparambil House, Padivattom, Edappally P O, Edappally South Village, Kanayannur Taluk, Ernakulam, Kerala – 682024
Defendants
Vyapar Mandir Palarivattom Pvt. Ltd. (Age not specified years)
Palarivattom Desom, Poonithura Village, Ernakulam, Kerala – 682025
Babu Foustin Nanat Antony (58 years)
Nanattu House, Elavukal Road, Palarivattom, Edappally South Village, Ernakulam District – 682025
V D Viju (Age not specified years)
Veliyathu Parambil, Pipeline, Palarivattom, Ernakulam District – 682025
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining defendants from forcibly evicting the plaintiff.
Evidence:
The petition is allowed. 1st respondent is restrained by temporary injunction from forcibly evicting plaintiff from plaint B schedule room and also from interfering with the petitioners peaceful possession, use and enjoyment over the petition schedule property without due process of law.
Relief Type:
Other
Outcome:
Granted
Description:
Direction to pay monthly rent arrears of Rs.49,280 within 30 days.
Evidence:
The petitioner is directed to pay to the monthly rent arrears of Rs.49,280 which is due as on August 2025.
Relief Type:
Other
Outcome:
Granted
Description:
Affidavit undertaking to pay ongoing rent timely.
Evidence:
The petitioner shall file an affidavit stating that he shall undertake to continue to pay the rent at the rate of Rs.1,540 per month.
Documents & Evidence
Document Type:
Rental receipts
Submitted By:
Plaintiff
Relevance:
True copies of rental receipts were used to establish the plaintiff's payment of rent.
Reference:
Ext.A1
Document Type:
Electricity Bills
Submitted By:
Plaintiff
Relevance:
True copies of electricity bills were presented as evidence.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
A true copy of the complaint was submitted to support the plaintiff's claims.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report was referenced to discuss the condition and occupation of the premises.
Reference:
Ext.C1