Case Summary
M/s Pentatech Associates and others filed a suit against Benny Abraham for a permanent prohibitory injunction. The plaintiffs allege they were forcefully dispossessed from the metal crusher unit operated under a lease agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to put the plaintiffs in possession of the plaint schedule property and metal crusher unit within 30 days.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs in OS No. 246/2022, directing the defendant to restore possession of the metal crusher unit to the plaintiffs. The suit OS No. 212/2022 stands dismissed.
Why Plaintiff Won:
The plaintiffs were legally entitled to possess the property based on the registered lease agreement.
The plaintiffs were legally entitled to possess the property based on the registered lease agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court concluded that the defendant had unlawfully dispossessed the plaintiffs from the property while the lease agreement was still in effect, thereby violating the provisions of the Specific Relief Act.
Judgment Evidence:
In the result, OS No: 212/2022 stands dismissed, and OS No.246/2022 is decreed directing the defendant to put the plaintiffs in possession of the plaint schedule property and metal crusher unit in the property, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Pentatech Associates
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Aneesh Joseph
- Party Age
- 42
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Antu Kuriakose
- Party Age
- 30
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jomi Joseph
- Party Age
- 40
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Saji Abraham
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Benny Abraham
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original Partnership Deed, Certificate of Registration, Power of Attorney executed in favour of Baby K. M, Bank Account Statements.
Defendants Documents
Tax Receipt, Property Tax Receipt issued from Meenachil Gramapanchayath, Notices from Kerala Financial Corporation, SBI Erattupetta Branch.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul K. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G. Arun
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saji Koduvath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Roy Joseph Vallayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The court granted a decree directing the defendant to put the plaintiffs in possession of the plaint schedule property and metal crusher unit.
Evidence:
OS No: 246/2022 is decreed directing the defendant to put the plaintiffs in possession of the plaint schedule property and metal crusher unit in the property, within 30 days from today.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The court dismissed the plaintiff's suit for permanent prohibitory injunction in OS No. 212/2022.
Evidence:
OS No. 212/2022 stands dismissed.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Original Partnership Deed was presented to establish the identity of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
A document showing the registration status of the plaintiff firm.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of Attorney executed in favor of Baby K. M. was used to represent the plaintiffs legally.
Reference:
Ext.A3
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Statement from HDFC Bank indicating financial transactions relevant to the case.
Reference:
Ext.A4
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Statements from SBI Kolencherry Branch indicating financial transactions relevant to the case.
Reference:
Ext.A5
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Another statement from SBI Kolencherry Branch relevant to the case.
Reference:
Ext.A6
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Statement from SBI Kidangoor Branch relevant to the transactions of the plaintiffs.
Reference:
Ext.A7
Document Type:
Registered Lease agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement that established the terms under which the plaintiff operated the metal crusher unit.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipts providing evidence of property tax obligations relevant to the defendant.
Reference:
Ext.B1
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Another tax receipt to support the defendant's claims regarding property taxes.
Reference:
Ext.B2
Document Type:
Notice from Kerala Financial Corporation
Submitted By:
Defendant
Relevance:
Notice from KFC related to financial liabilities of the defendant.
Reference:
Ext.B3
Document Type:
Letter from SBI
Submitted By:
Defendant
Relevance:
Letter indicating financial transactions involving the defendant's banking activities.
Reference:
Ext.B4
Document Type:
Notice from SBI
Submitted By:
Defendant
Relevance:
Notice from SBI indicating issues regarding loan repayments.
Reference:
Ext.B5
Document Type:
Notice from Meenachil Taluk Legal Committee
Submitted By:
Defendant
Relevance:
Legal notice regarding issues related to the property.
Reference:
Ext.B6
Document Type:
Notice from SBI
Submitted By:
Defendant
Relevance:
Another notice showing the implications of financial issues facing the defendant.
Reference:
Ext.B7
Document Type:
Demand Notice from KSEB
Submitted By:
Defendant
Relevance:
Demand notice related to electricity bills relevant for the property.
Reference:
Ext.B8
Document Type:
Legal Notice
Submitted By:
Defendant
Relevance:
Legal notice regarding the disputes initiated by the plaintiff.
Reference:
Ext.B9
Document Type:
Legal Notice
Submitted By:
Defendant
Relevance:
Legal notice from the plaintiff asserting claims against the defendant.
Reference:
Ext.B10
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Defendant's response to the allegations made by the plaintiffs.
Reference:
Ext.B11
Document Type:
Cash bills
Submitted By:
Defendant
Relevance:
Cash bills relevant to transactions made by the defendant.
Reference:
Ext.B12
Document Type:
Vouchers
Submitted By:
Defendant
Relevance:
Supporting documentation of financial transactions relevant to the defendant.
Reference:
Ext.B13
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed to provide insights into the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch accompanying the commission report for clarity on the property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Unauthorized occupation
Case Code
Case between M/s Pentatech Associates et al vs Benny Abraham regarding permanent prohibitory injunction
Case Code Year
Case between M/s Pentatech Associates et al vs Benny Abraham regarding permanent prohibitory injunction