Case Summary
Muhammed Thameem, the plaintiff, is involved in a legal dispute over the occupation of a shop room within the Jawahar Lal Nehru International Stadium complex. He alleges that the first defendant, Teresa Antony, unlawfully increased his rent and attempted to evict him, despite his long-standing business operation in the location.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of permanent prohibitory injunction restraining the 1st defendant from evicting the plaintiff and mandatory injunction directing the 2nd defendant to allot the shop room to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff was found to have been in possession of the shop room for a substantial period and had legally paid rent as per the terms previously agreed.
The plaintiff was found to have been in possession of the shop room for a substantial period and had legally paid rent as per the terms previously agreed.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Plaintiffs
Muhammed Thameem (61 years years)
Kuzhiveli veettil, Palliparambil Lane, Near Jawahar Lal Nehru International Stadium, Kaloor, Ernakulam
Defendants
Teresa Antony (50 years years)
villa no. 5 Skyline, Elysium Gardern, Jawaharlal Nehru Inernational Stadium Road, Kochi – 682 017
G.C.D.A (Age not specified years)
Sahodaran Ayyapan Road, P.B.No 2012, Kochi – 682 020
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff is entitled to a decree of permanent prohibitory injunction restraining the first defendant from forcefully evicting him without due process of law.
Evidence:
The plaintiff is entitled to a decree of permanent prohibitory injunction restraining the 1st defendant his men or agents under her from forcefully evicting the plaintiff from the plaint schedule shop room without due process of law.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
A mandatory injunction directing the second defendant to allot the plaint schedule room to the plaintiff in accordance with GCDA rules.
Evidence:
The plaintiff is entitled to a decree of mandatory injunction and 2nd defendant is directed to allot the plaint schedule room in favour of the plaintiff as per rules and regulations governing the GCDA giving priority to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The suit is decreed with costs to the plaintiff.
Evidence:
In the light of discussion held on issue number 1&2, the suit is decreed with costs.
Documents & Evidence
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
The document shows payments made for electricity, relevant to the plaintiff's business.
Reference:
Ext.A1
Document Type:
Professional tax receipt
Submitted By:
Plaintiff
Relevance:
The document indicates that the plaintiff has been paying professional tax, supporting his claim of running the restaurant.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the property tax has been paid, further reinforcing the plaintiff's claim of being in possession.
Reference:
Ext.A3
Document Type:
Demand Notices for Professional Tax
Submitted By:
Plaintiff
Relevance:
These notices were issued to the plaintiff, indicating his tax obligations related to the business.
Reference:
Ext.A4
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This certificate proves that the plaintiff's business, Stadium Restaurant, is registered.
Reference:
Ext.A5
Document Type:
Notebooks of Rent Payments
Submitted By:
Plaintiff
Relevance:
These books were used to record rent payments made by the plaintiff to the first defendant.
Reference:
Ext.A6, Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The complaint filed against the plaintiff claiming unhygienic conditions in his restaurant, which was found to be false.
Reference:
Ext.A8
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
The report from the Corporation of Cochin which found no stale food was served at the restaurant.
Reference:
Ext.A9
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
This FIR details the attempts made by the first defendant to forcefully evict the plaintiff.
Reference:
Ext.A10
Document Type:
Press Articles
Submitted By:
Plaintiff
Relevance:
These articles report on the disturbances surrounding the business run by the plaintiff, highlighting relevant incidents.
Reference:
Ext.A11, Ext.A12
Document Type:
Lease Deeds
Submitted By:
Plaintiff
Relevance:
These documents relates to the lease agreements between the first and second defendants.
Reference:
Ext.A13, Ext.A14
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
A certified copy of the judgment on a related matter concerning the plaintiff.
Reference:
Ext.A15
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
A reply related to the property allotment confirming the plaintiff's existing rights.
Reference:
Ext.A16
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report refers to the physical inspection of the plaint schedule room.
Reference:
Ext.C1
Document Type:
Lease Deeds
Submitted By:
Defendant
Relevance:
These documents are relevant to the lease agreements made by the second defendant with the first defendant.
Reference:
Ext.B1, Ext.B2
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice was issued regarding the lease agreement in dispute.
Reference:
Ext.B3
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
This complaint filed by the first defendant relates to alleged legal violations by the plaintiff.
Reference:
Ext.B4
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt from GCDA pertaining to the lease agreement.
Reference:
Ext.B5
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Visual evidence related to the premises in question.
Reference:
Ext.B6
Document Type:
Authorization Order
Submitted By:
Defendant
Relevance:
An order verifying the authority of the defendant to act regarding the lease.
Reference:
Ext.B7
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice addresses the alleged unlawful sub-letting by the first defendant.
Reference:
Ext.B8
Document Type:
Copy of Order
Submitted By:
Defendant
Relevance:
This is a copy of an order related to previous legal proceedings involving the plaintiff.
Reference:
Ext.B9
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice indicates the GCDA's communication regarding the plaintiff's representation.
Reference:
Ext.B10