Case Summary
The plaintiffs, K.V. Thomas and others, are the owners of a building leased to the 1st defendant, M/s ALTAIM. They filed a suit due to non-payment of rent and violations of the lease agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants 1 and 2 are restrained from trespassing into the plaint schedule building and from transferring or taking possession of the plaint schedule building, during the pendency of the leased deed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided sufficient evidence of the defendants' failure to pay rent and contractual violations.
The plaintiffs provided sufficient evidence of the defendants' failure to pay rent and contractual violations.
Judgment Evidence:
In the result, the suit is decreed in part as follows: 1. Defendants 1 and 2, their men and agents or anybody acting under them are restrained from trespassing into the plaint schedule building and from transferring or taking possession of the plaint schedule building, during the pendency of the leased deed.
Parties Involved
Plaintiffs
K.V. Thomas (64 years years)
Kodianthara house, Door no. 50/932-A, Park Lane, Edappally P.O, pin - 682 024.
Myrtle Thomas (56 years years)
Kodianthara house, Door no. 50/932-A, Park Lane, Edappally P.O, pin - 682 024.
Vivek Thomas (33 years years)
Kodianthara house, Door no. 50/932-A, Park Lane, Edappally P.O, pin - 682 024.
Defendants
M/s ALTAIM (Age not specified years)
Partnership Firm, having registered office at Door no. 2328 (37/2923), Pattyamchery house, Railway Station road, Edappally P.O, Pin - 682 024
Anas P.A (Age not specified years)
Having registered office at Door no. 2328 (37/2923), Pattyamchery house, Railway Station road, Edappally P.O, Pin - 682 024
Municipal Corporation of Kochi (Age not specified years)
Near Boat Jetty, Ernakulam, Kochi 682 011
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
Defendants 1 and 2 are restrained from trespassing into the plaint schedule building during the pendency of the leased deed.
Evidence:
Defendants 1 and 2, their men and agents or anybody acting under them are restrained from trespassing into the plaint schedule building and from transferring or taking possession of the plaint schedule building, during the pendency of the leased deed.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit.
Evidence:
Plaintiff shall also be entitled for the costs of the suit.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The court referenced the lawyer notice issued to the defendant as evidence of the demand for rent arrears.
Reference:
Ext.A1