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
The court ruled in favor of the plaintiffs by ordering the defendants to refrain from trespassing and taking possession of the leased property. Costs of the suit were also awarded to the plaintiffs.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The affidavit and documents would satisfactorily prove the plaintiff's case.
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
Parties
- Party Role
- Plaintiff
- Party Name
- K.V. Thomas
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Myrtle Thomas
- Party Age
- 56
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Vivek Thomas
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s ALTAIM
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anas P.A
- Relation
- Managing Partner
- Party Role
- Defendant
- Party Name
- Municipal Corporation of Kochi
- Relation
- Represented by
Plaintiffs Documents
True copy of the lawyer notice issued to the defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu T.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sachu Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anaina Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.K.Sajeevan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.A.Abdul Nistar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Athira Sajeevan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Niyatha Rageev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Francis K.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Pravitha T
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between K.V. Thomas et al vs M/s ALTAIM et al regarding permanent prohibitory injunction.
Case Code Year
Case between K.V. Thomas et al vs M/s ALTAIM et al regarding permanent prohibitory injunction.