Case Summary
M.C. Antony, the plaintiff, is seeking a permanent prohibitory injunction against the Executive Committee of Erattakulangara Bhagavathy Devaswam, the defendant, to prevent forcible eviction from his business property. The case revolves around the claim of ownership and possession of the property by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant prohibiting them from forcibly evicting the plaintiff from the property.
Why Plaintiff Won:
The plaintiff proved his possession over the plaint schedule building for more than 32 years and the defendant failed to establish any ownership or tenancy.
The plaintiff proved his possession over the plaint schedule building for more than 32 years and the defendant failed to establish any ownership or tenancy.
Losing Side's Weaknesses:
The plaintiff proved his possession over the plaint schedule building for more than 32 years and the defendant failed to establish any ownership or tenancy.
The plaintiff proved his possession over the plaint schedule building for more than 32 years and the defendant failed to establish any ownership or tenancy.
Supporting Evidence
The plaintiff's evidence was sufficient to prove his continuous possession over the plaint schedule building, and the defendant failed to present any valid evidence to dispute the plaintiff's claims.
Judgment Evidence:
In the result, the suit is decreed with costs as follows. The defendant and his men are by way of a permanent prohibitory injunction restrained from evicting the plaintiff from the plaint schedule property forcibly other than due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.C. Antony
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Executive Committee of Erattakulangara Bhagavathy Devaswam
- Relation
- Represented by
Plaintiffs Documents
Profession Tax issued from Kochi Municipal Corporation, License fee issued from Revenue Department, Fees receipt of user fee for waste disposal issued by Kochi Municipal Corporation, Property tax receipt, Copy of lawyer notice of the Lawyer Notice, Reply notice, Residential certificate, License fee receipt of 2023-24 along with online application, Agreement signed in the name of Perumalamma, Agreement signed in the name of Mundadan Antony, Agreement signed in the name of plaintiff, Johnson.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.V. Jayadeep Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.P. Ramesh Thengumpillil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishnapriya P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Pramoj Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from evicting the plaintiff from the plaint schedule property except through due process.
Evidence:
The suit is decreed with costs; the defendant and his men are by way of a permanent prohibitory injunction restrained from evicting the plaintiff from the plaint schedule property for forcibly other than due process of law.
Documents & Evidence
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and possession of the building.
Reference:
Ext.A1
Document Type:
D&O License Receipt
Submitted By:
Plaintiff
Relevance:
Indicates that the plaintiff is authorized to conduct a business in the building.
Reference:
Ext.A2
Document Type:
Waste Disposal User Fee Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's use of the property for business.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further solidifies the plaintiff's claim of ownership.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Details the defendant's claims regarding the plaintiff's possession.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Contains the plaintiff's response to the defendant's claims.
Reference:
Ext.A6
Document Type:
Residential Certificate
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's assertion of residence in the building.
Reference:
Ext.A7
Document Type:
License Fee Receipt
Submitted By:
Plaintiff
Relevance:
Adds additional evidence regarding the plaintiff's business activity.
Reference:
Ext.A8
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Details the initial transfer of possession of the building.
Reference:
Ext.A9
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Continues the chain of possession leading to the plaintiff.
Reference:
Ext.A10
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Finalizes the transfer of possession to the plaintiff.
Reference:
Ext.A11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Confirms the usage of the building for tailoring and residential purposes.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M.C. Antony vs The Executive Committee of Erattakulangara Bhagavathy Devaswam regarding permanent prohibitory injunction
Case Code Year
Case between M.C. Antony vs The Executive Committee of Erattakulangara Bhagavathy Devaswam regarding permanent prohibitory injunction