Case Summary
Mokim Ali is the plaintiff seeking a permanent prohibitory injunction against the Kochi Municipal Corporation. The plaintiff fears illegal eviction from the property they are leasing to conduct a scrap collection business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against eviction and obstruction of business.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established his case through unchallenged oral and documentary evidence.
Plaintiff established his case through unchallenged oral and documentary evidence.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction restraining defendants from forcibly evicting plaintiff from plaint schedule property and obstructing the business therein without due process of law.
Parties Involved
Plaintiffs
Mokim Ali (40 years years)
54/2069-B, Thalakketti House, Waterland Road, Palathuruth, Elamkulam, Kadavanthra P O, Kochi- 682020
Defendants
Kochi Municipal Corporation (Age not specified years)
Office of the Kochi Municipal Corporation, Kochi- 682011
The Secretary, Kochi Municipal Corporation (Age not specified years)
Kochi- 682011
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from forcibly evicting the plaintiff from the plaint schedule property and obstructing the business without due process of law.
Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction restraining defendants from forcibly evicting plaintiff from plaint schedule property and obstructing the business therein without due process of law.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Registered Letter
Submitted By:
Plaintiff
Relevance:
Photocopy of registered letter issued by the plaintiff to the 2nd defendant.
Reference:
Ext.A1
Document Type:
Track ID
Submitted By:
Plaintiff
Relevance:
Photocopy of track ID dated 28.03.2024 showing acknowledgement by the 2nd defendant.
Reference:
Ext.A2
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Copy of agreement for lease deed dated 02.03.2024 between plaintiff and landlord.
Reference:
Ext.A3
Document Type:
Acknowledgement
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgement dated 11.03.2024 for new IFTE & OS license issued by the 1st defendant.
Reference:
Ext.A4
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Photocopy of building tax dated 19.02.2024 issued by the 2nd defendant.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report showing the lie and location of the plaint schedule property, indicating the plaintiff's business is conducted there.
Reference:
Ext.C1