Case Summary
Mary Devassy, a senior citizen and retired school teacher, operates a hostel and entered a lease agreement for a suitable property. She alleges that the first defendant breached the agreement and unlawfully took possession of her office, prompting this legal challenge.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction restraining the respondents from preventing the plaintiff from entering the plaint-scheduled property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner is in possession of the injunction schedule property based on the lease agreement.
The petitioner is in possession of the injunction schedule property based on the lease agreement.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Plaintiffs
Mary Devassy @ Mary Paul (61 years years)
Flat no.508, Confident Gardenia, Edachira P.O, Near info park, Kakkanad, Cochin – 682 030.
Defendants
Geo Paul (50 years years)
Kollinal (H), K.S.H.B.C, Irumpanam, Thiruvamkulam village, Kanayannur taluk, Ernakulam – 682 309.
Arjun (21 years years)
alathil Priya Nivas (H), Munnorkkodu, Kallamparambu, Pokkottukavu, Ottapalam, Palakkad – 679 502.
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The petitioner sought an interim injunction to prevent the respondents from denying her entry into the plaint-scheduled property.
Evidence:
The relief as sought for by the petitioner which is to restrain the respondents from preventing the petitioner from entering the petition schedule property can be granted since it is not in dispute that the petitioner is in possession of the injunction schedule property on the basis of Ext. A1 lease deed.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The document serves as evidence of the lease agreement between the plaintiff and the first defendant, which outlines the terms and conditions related to the tenancy.
Reference:
Ext.A1
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These photographs show the locked room and tenanted premises that the first defendant illegally locked.
Reference:
Ext.A2
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the complaint filed by the plaintiff before the Thrikkakkara Police station regarding trespass and threats.
Reference:
Ext.A3(a)
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
This receipt acknowledges the filing of the police complaint by the plaintiff.
Reference:
Ext.A3(b)
Document Type:
Complaint to Assistant Commissioner
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the complaint filed by the plaintiff to the Assistant Commissioner concerning the illegal actions of the defendants.
Reference:
Ext.A4(a)
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
This receipt acknowledges the filing of the complaint to the Assistant Commissioner.
Reference:
Ext.A4(b)
Document Type:
Newspaper Report
Submitted By:
Plaintiff
Relevance:
This report shows the allegations made against the plaintiff reported in the newspaper.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This is a true copy of the legal notice issued by the defendants to the plaintiff, which is relevant to the case.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is a true copy of the reply notice issued by the plaintiff to the defendant in response to the allegations.
Reference:
Ext.A7
Document Type:
Letter from Residents Association
Submitted By:
Defendant
Relevance:
This document is a letter issued by the Secretary of the Poyyachira Residents Association concerning complaints against the plaintiff.
Reference:
Ext.B1
Document Type:
Complaint to Police
Submitted By:
Defendant
Relevance:
This document is a complaint made by the first defendant to the Assistant Commissioner of Police regarding the actions of the plaintiff.
Reference:
Ext.B2
Document Type:
Police Receipt
Submitted By:
Defendant
Relevance:
This is a receipt issued by the office of the Assistant Commissioner of Police acknowledging the complaint.
Reference:
Ext.B3
Document Type:
Notice Issued by Plaintiff
Submitted By:
Defendant
Relevance:
This is a notice issued on behalf of the plaintiff to another landlord, indicating prior disputes.
Reference:
Ext.B4
Document Type:
FIR
Submitted By:
Defendant
Relevance:
This is a true copy of the FIR registered against the plaintiff at the Thrikkakkara Police station.
Reference:
Ext.B5
Document Type:
News report
Submitted By:
Defendant
Relevance:
This is a news report concerning incidents related to the plaintiff's tenancy that was reported in a daily newspaper.
Reference:
Ext.B6
Document Type:
News report
Submitted By:
Defendant
Relevance:
Another news report pertaining to the plaintiff's actions and the disputes with the defendants.
Reference:
Ext.B7
Document Type:
ePaper News Report
Submitted By:
Defendant
Relevance:
This document is another news report on the allegations against the plaintiff published in an ePaper.
Reference:
Ext.B8
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
This is the judgment from the Hon’ble High Court related to W.P(c) No. 35442 of 2024, which provides legal context to the current case.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report filed by the advocate commissioner verifies the possession exercised by the petitioner in the plaint schedule property.
Reference:
Ext.C1