Case Summary
Madan Mohan filed a petition against Tina Stephan Menacherry and the Secretary of the Tata Tritvam Apartment Owners Association regarding a tenancy dispute. The petitioner claims unlawful eviction attempts after taking possession of an apartment based on an agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad-interim order of injunction granted till the disposal of the suit.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The court determined that the petitioner is not a trespasser and has established a lawful tenancy based on the underlying agreement.
The court determined that the petitioner is not a trespasser and has established a lawful tenancy based on the underlying agreement.
Judgment Evidence:
In the result, petition is allowed. Ad-interim order of injunction granted in this interim application is hereby made absolute till the disposal of the suit.
Parties Involved
Plaintiffs
Madan Mohan (70 years years)
tower 5, 14 B Tata Tritvam Apartment, Marine Drive, Queens way, Kochi – 682 018
Defendants
Tina Stephan Menacherry (50 years years)
Flat no. 18 C, Tower 2, Tata Tritvam Apartment, Marine Drive, Queens way, Kochi – 682 018
Secretary, Tata Tritvam Apartment Owners Associaiton (Age not specified years)
Marine Drive, Queens way, Kochi – 682 018
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the respondents from disturbing the petitioner's stay in the plaint schedule apartment and from evicting him otherwise than under due process of law.
Evidence:
Hence the petition is allowed. Ad-interim order of injunction granted in this interim application is hereby made absolute till the disposal of the suit.
Documents & Evidence
Document Type:
Lease and License Agreement
Submitted By:
Plaintiff
Relevance:
Purported terms of the agreement as agreed between the parties without the signature of both parties.
Reference:
Ext.A1
Document Type:
WhatsApp Communications
Submitted By:
Plaintiff
Relevance:
Screenshots containing WhatsApp communications between the petitioner and the respondent's husband acknowledging the receipt of the security deposit and facilitating the collection of the key.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate under section 63 of the Bharatiya Sakshya Adhiniyam of 2023.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Defendant
Relevance:
Tax invoice from an agency bearing invoice number TRPN - F7SI3722.
Reference:
Ext.B1
Document Type:
Complaints Details
Submitted By:
Defendant
Relevance:
Details of complaints relating to apartment 14B, Tower 5.
Reference:
Ext.B2
Document Type:
Transaction Confirmation Receipts
Submitted By:
Defendant
Relevance:
Transaction confirmation receipts for maintenance payments.
Reference:
Ext.B3
Document Type:
WhatsApp Screenshot
Submitted By:
Defendant
Relevance:
Screenshot requesting PAN from the petitioner.
Reference:
Ext.B4
Document Type:
Email
Submitted By:
Defendant
Relevance:
Email sent to the petitioner.
Reference:
Ext.B5
Document Type:
WhatsApp Screenshot
Submitted By:
Defendant
Relevance:
Screenshot of messages to the petitioner.
Reference:
Ext.B6
Document Type:
Email of Complaints
Submitted By:
Defendant
Relevance:
Email of complaints sent to Central Police Station.
Reference:
Ext.B7
Document Type:
Email of Complaints
Submitted By:
Defendant
Relevance:
Email of complaints sent to North Police Station, Ernakulam.
Reference:
Ext.B8
Document Type:
Email
Submitted By:
Defendant
Relevance:
Email by MC to members in Tritvam owners group.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the advocate commissioner regarding the plaint schedule property.
Reference:
Ext.C1