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
The court partially favored the petitioner by allowing the petition for an injunction against eviction, contingent on the petitioner clearing the identified rent arrears within a month.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has a satisfactory claim as a tenant occupying the property and is entitled to a conditional order of protection pending payment.
Judgment Evidence:
In the result, the petition is allowed conditionally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s QUBEFIX
- Relation
- represented by its Proprietor, Deepu L Prahlad
- Party Role
- Defendant
- Party Name
- Rasheeda Marikar
- Party Age
- 66
- Relation
- W/o C.A.Salim
- Party Role
- Defendant
- Party Name
- C.A.Salim
- Party Age
- 68
- Relation
- S/o Salim
- Party Role
- Defendant
- Party Name
- Shino
- Party Age
- 45
Plaintiffs Documents
Lease Agreement dated 01.11.2023, GST Registration certificate, various payment transactions.
Defendants Documents
Judgment copy from High Court, complaints filed by staff.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Luke J Chirayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Asadu Ahmmed Chullinte
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mehna Ibrahim
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s QUBEFIX vs Rasheeda Marikar et al regarding eviction and rent arrears
Case Code Year
Case between M/s QUBEFIX vs Rasheeda Marikar et al regarding eviction and rent arrears