Case Summary
The plaintiffs, K.Sivadasan and others, are seeking a permanent injunction against the defendants, B.Sivadasan and others, to prevent their forcible eviction from a property. The case involves disputes concerning rent agreements and the respondents' claim to possess the property after the lease has expired.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to surrender the vacant possession of the plaint schedule property to the plaintiffs
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, ordering the defendants to vacate the plaint schedule property and pay arrears of rent. The court dismissed the OS No. 620/2017.
Why Plaintiff Won:
The court found that the plaintiffs are the absolute owners of the plaint schedule property and the defendants had no legal basis to remain in possession.
The court found that the plaintiffs are the absolute owners of the plaint schedule property and the defendants had no legal basis to remain in possession.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The existence of a landlord/tenant relationship is admitted by the defendants 2 to 4. It is also an admitted fact that these additional defendants continued their business in the plaint schedule property after the death of the 1st defendant.
Judgment Evidence:
OS No. 620/2017 is dismissed with costs. OS No. 1090/2018 is decreed with costs as follows: The additional defendants 2 to 4 are directed to surrender the vacant possession of the plaint schedule property to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Sivadasan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Indira
- Party Age
- 61
- Relation
- W/o Late K.Sivadasan
- Party Role
- Plaintiff
- Party Name
- Jayapalan
- Party Age
- 35
- Relation
- S/o Late K.Sivadasan
- Party Role
- Plaintiff
- Party Name
- Raji
- Party Age
- 33
- Relation
- D/o Late K.Sivadasan
- Party Role
- Defendant
- Party Name
- B.Sivadasan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Retnarajakumari
- Party Age
- 60
- Relation
- W/o Sivadasan
Plaintiffs Documents
Attested copy of Rent Deed dated 01-10-2015, License issued from Department of Industries, Government of Kerala, License issued from Kollam Corporation.
Defendants Documents
Legal Notice dated 08-10-2018.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kallada M. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.Geetha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nisha L.Prakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Megha.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Dhanya.Y
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a permanent injunction against alleged illegal eviction.
Evidence:
OS No. 620/2017 is dismissed with costs.
Relief Type:
Eviction
Outcome:
Granted
Description:
Plaintiffs sought the eviction of the defendant from the property.
Evidence:
OS No. 1090/2018 is decreed with costs as follows: The additional defendants are directed to surrender the vacant possession.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs to recover arrears of rent along with interest.
Evidence:
The plaintiffs are entitled to recover rent arrears at the rate of Rs. 5000/- per month along with 12% interest.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiffs entitled to Rs. 10,000/- per month as damages.
Evidence:
The plaintiffs are entitled to realize an amount of Rs. 10,000/- per month together with interest, as damages.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs entitled to claim costs of the proceedings.
Evidence:
The plaintiffs are entitled to recover the costs of the proceedings from the additional defendants.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
Establishes the terms of tenancy and rent amount.
Reference:
Ext.A1
Document Type:
License
Submitted By:
Plaintiff
Relevance:
License for establishing the business.
Reference:
Ext.A2
Document Type:
License
Submitted By:
Plaintiff
Relevance:
License issued by Kollam Corporation for business operation.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt from Kollam Corporation confirming business activities.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms payment of building tax for the premises.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Defendant
Relevance:
Notifies the plaintiff regarding the lease and demands.
Reference:
Ext.B1
Document Type:
Postal Receipts
Submitted By:
Defendant
Relevance:
Proof of delivery of legal notices.
Reference:
Ext.B2
Document Type:
Acknowledgment card
Submitted By:
Defendant
Relevance:
Confirms receipt of legal notice by the plaintiff.
Reference:
Ext.B3
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Establishes the transfer of property ownership upon death.
Reference:
Ext.B4
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Confirms the death of the original defendant.
Reference:
Ext.B5
Document Type:
Rent Deed
Submitted By:
Defendant
Relevance:
Relates to the lease agreement with the defendant.
Reference:
Ext.B6
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payment related to the property.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report on the conditions of the property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Details about the property inspections by the advocate commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Eviction
Case Code
OS.NO.
Case Code Year
2017