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
The court granted an interim prohibitory injunction in favor of the petitioner, allowing him to remain in the apartment until the suit is disposed of. The court found that the petitioner has been in settled possession based on the agreement with the respondent.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The advocate commissioner reported that the petitioner is not a trespasser and is in settled possession of the property. The evidence shows that the respondent had facilitated the petitioner's occupation and has acknowledged receipt of the rent.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Madan Mohan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tina Stephan Menacherry
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Secretary, Tata Tritvam Apartment Owners Associaiton
Plaintiffs Documents
Identity documents (Aadhar, PAN, Udyog Aadhar), Lease and License Agreement.
Defendants Documents
Tax invoice, Complaint details, Transaction confirmation receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.S.Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aaditya Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ardra Krishnan M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Diya Merin Biju
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sohan Varghese Francis
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anusree B
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Marian G.M.Tharakan
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Injunction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Madan Mohan vs Tina Stephan Menacherry et al regarding tenancy dispute
Case Code Year
Case between Madan Mohan vs Tina Stephan Menacherry et al regarding tenancy dispute
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt