Case Summary
The plaintiff, Kunjumol Pradeep Jagtap, is a tenant seeking an injunction against the defendant, Shajan Thomas, to prevent forcible eviction from her rented premises. The plaintiff claims that the defendant is attempting to evict her unlawfully, while the defendant contends that the tenancy has ended and eviction is justified.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from forcibly evicting the plaintiff from the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant from forcibly evicting her. The defendant was also directed to pay the costs of the suit to the plaintiff.
Why Plaintiff Won:
The plaintiff was found to be in lawful possession of the property and the defendant attempted unlawful eviction without adhering to legal procedures.
The plaintiff was found to be in lawful possession of the property and the defendant attempted unlawful eviction without adhering to legal procedures.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The apprehension put forth by the plaintiff from the attending circumstances appears to be realistic. ... A person in possession can be evicted only in due process of law.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendant is restrained by a permanent prohibitory injunction from forcibly evicting plaintiff from plaint schedule property other than taking action through process of law. 2) Defendant is directed to pay costs of the suit to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunjumol Pradeep Jagtap
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shajan Thomas
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Copy of Rental agreement, Copy of message, Copy of rent paid through Google Pay, Copy of rent deposit slip
Defendants Documents
Original of Power of Attorney
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P S Abdul Khader
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Madhusoodanan S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lipimol G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ganga Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ajith Karthikeyan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff sought a permanent prohibitory injunction to restrain the defendant from forcibly evicting her from the premises.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from forcibly evicting plaintiff from plaint schedule property other than taking action through process of law.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff was awarded costs of the suit from the defendant.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
This document was referenced to establish the terms of the tenancy agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Message
Submitted By:
Plaintiff
Relevance:
This message was cited as evidence of the defendant's demand for the plaintiff to vacate the premises.
Reference:
Ext.A2
Document Type:
Rent Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document was used to show proof of rent paid by the plaintiff to the defendant.
Reference:
Ext.A3
Document Type:
Rent Deposit Slip
Submitted By:
Plaintiff
Relevance:
This slip was referenced as additional proof of rent payment made by the plaintiff.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
This document was mentioned to establish the authority of the defendant's witness in the proceedings.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Kunjumol Pradeep Jagtap vs Shajan Thomas regarding permanent prohibitory injunction
Case Code Year
Case between Kunjumol Pradeep Jagtap vs Shajan Thomas regarding permanent prohibitory injunction