Case Summary
The plaintiff, M/s QUBEFIX, is a tenant who filed a petition against the defendants for a temporary prohibitory injunction to prevent eviction due to alleged rent arrears. The defendants are claiming unpaid rent and have accused the plaintiff of bad faith in filing the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining the respondents from evicting the petitioner on condition of clearing rent arrears.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner is still occupying the premises despite unpaid rent, necessitating a conditional order to allow continued occupancy pending payment.
The petitioner is still occupying the premises despite unpaid rent, necessitating a conditional order to allow continued occupancy pending payment.
Judgment Evidence:
In the result, the petition is allowed conditionally.
Parties Involved
Plaintiffs
M/s QUBEFIX (Age not specified years)
63/795, Salim’s Chambers, Salim Rajan Road, Near to bank of Baroda, Poonithura village, Kanayannur taluk, Ernakulam, Kerala – 682 017
Defendants
Rasheeda Marikar (66 years)
Tanjyala, Kumaranasan road, Elamkulam, Ernakulam, Kerala, Pin – 682 020
C.A.Salim (68 years)
Tanjyala, Kumaranasan road, Elamkulam, Ernakulam, Kerala Pin – 682 020
Shino (45 years)
Bethel, Farm villa, Alangad, Aluva, Ernakulam, Kerala, Pin – 683 511
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Partly Granted
Description:
The petitioner sought a restraining order against eviction.
Evidence:
Hence, the point is partly found in favor of the petitioner.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the lease agreement between the plaintiff and the 1st defendant.
Reference:
Ext.A1
Document Type:
GST Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document provides proof of the plaintiff's business registration.
Reference:
Ext.A2
Document Type:
Letter from 1st Defendant
Submitted By:
Plaintiff
Relevance:
This letter is relevant as it pertains to communications regarding tenancy.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of property tax payments related to the leased premises.
Reference:
Ext.A4
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 1,20,000/- related to the lease.
Reference:
Ext.A5
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 10,000/- related to the lease.
Reference:
Ext.A6
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 30,000/- related to the lease.
Reference:
Ext.A7
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 10,000/- related to the lease.
Reference:
Ext.A8
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 25,000/- related to the lease.
Reference:
Ext.A9
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 20,000/- related to the lease.
Reference:
Ext.A10
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 40,000/- related to the lease.
Reference:
Ext.A11
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 40,000/- related to the lease.
Reference:
Ext.A12
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 50,000/- related to the lease.
Reference:
Ext.A13
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 40,000/- related to the lease.
Reference:
Ext.A14
Document Type:
Transaction extract
Submitted By:
Plaintiff
Relevance:
This extract shows a transaction of Rs. 40,000/- related to the lease.
Reference:
Ext.A15
Document Type:
Pen Drive
Submitted By:
Plaintiff
Relevance:
This pen drive contains evidence as part of the plaintiff's submissions.
Reference:
Ext.A16
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
This judgment copy is relevant for legal precedents cited by the defendants.
Reference:
Ext.B1
Document Type:
Complaint Copy
Submitted By:
Defendant
Relevance:
This complaint is relevant to the context of the disputes between the parties.
Reference:
Ext.B2
Document Type:
Statement of rent arrears
Submitted By:
Defendant
Relevance:
This statement outlines the rent arrears claimed by the defendants.
Reference:
Ext.B3
Document Type:
Email Communication Extract
Submitted By:
Defendant
Relevance:
This extract of email communication is pertinent to the communications between parties.
Reference:
Ext.B4
Document Type:
Court Order
Submitted By:
Court
Relevance:
The court order itself is the primary document in which the judgments and conclusions are stated.
Reference: