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O.S No. 912/2024

Case between Muneeb Ibrahim Valiya Purayil vs Ambili Rahul et al regarding injunction against forceful eviction.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-03-20
Duration
approximately-1 year 2 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Muneeb Ibrahim Valiya Purayil, seeks an injunction to prevent the defendants from forcefully evicting him from a leased property. The defendants, led by Ambili Rahul, claim the plaintiff has defaulted on rent and misused the property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's suit, ruling that he was not entitled to relief due to the non-payment of rent and failure to meet requirements of the lease agreement.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit, ruling that he was not entitled to relief due to the non-payment of rent and failure to meet requirements of the lease agreement.
Key Reasoning:
The plaintiff failed to demonstrate regular payment of rent and did not provide sufficient evidence to justify his claims.
Why Defendant Won:
The plaintiff failed to demonstrate regular payment of rent and did not provide sufficient evidence to justify his claims.
Supporting Evidence
The decision in Pramod v. Secretary, Sultanpet, Diocese Society clearly stipulates that a tenant who is not properly paying rent is not entitled to a decree of injunction.

Judgment Evidence:

In the result, in view of the answers to issue numbers I to III, the suit is dismissed and the plaintiff is directed to pay the costs of the suit to the defendants.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muneeb Ibrahim Valiya Purayil
Party Age
34
Relation
S/o
Party Role
Defendant
Party Name
Ambili Rahul
Party Age
42
Relation
W/o
Party Role
Defendant
Party Name
Olive Ajai D’ Silva
Party Age
12
Relation
Represented by
Plaintiffs Documents
Lease Deed dated 24.01.2024, email communications from 16.08.2024 onward.
Defendants Documents
Email communications, legal notice dated 12.02.2025, postal receipt.

Advocates

Party Role
Plaintiff
Advocate Name
K. S Sajeev Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mohandas K.Chacko
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ramesh P. N
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Bismi T.A
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sukesan P. S
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ansila C.A
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
John Prakash B.J
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sooraj M.S
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
The plaintiff sought a decree of permanent prohibitory injunction restraining the defendants from forcefully evicting him from the plaint schedule property.
Evidence:
In consideration of issue Nos. II and III... the plaintiff is not entitled to any relief of injunction.
Relief Type: Other
Outcome: Granted
Description:
The defendants are entitled to the costs of the suit from the plaintiff.
Evidence:
In consideration of the suit, following issues were raised... the defendants are entitled to the costs of the suit from the plaintiff.

Documents & Evidence

Document Type: Temporary Agreement Statement
Submitted By: Plaintiff
Relevance:
Document submitted by the plaintiff related to the lease agreement.
Reference:
Ext.A1
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Computer printout of email communication submitted by the plaintiff.
Reference:
Ext.A2
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.A2(a)
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Email communication submitted by the plaintiff.
Reference:
Ext.A3
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.A3(a)
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Email communication submitted by the plaintiff.
Reference:
Ext.A4
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.A4(a)
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Email communication submitted by the plaintiff.
Reference:
Ext.A5
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.A5(a)
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Email communication submitted by the plaintiff.
Reference:
Ext.A6
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.A6(a)
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Email communication submitted by the plaintiff.
Reference:
Ext.A7
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.A7(a)
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
Photograph submitted as evidence.
Reference:
Ext.A9
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
Photograph submitted as evidence.
Reference:
Ext.A10
Document Type: Email Communication
Submitted By: Defendant
Relevance:
Email communication submitted by the defendant.
Reference:
Ext.B1
Document Type: Certification
Submitted By: Defendant
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.B1(a)
Document Type: Email Communication
Submitted By: Defendant
Relevance:
Email communication submitted by the defendant.
Reference:
Ext.B2
Document Type: Certification
Submitted By: Defendant
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.B2(a)
Document Type: Receipts
Submitted By: Defendant
Relevance:
Computer printout of receipts from the G-Pay Application.
Reference:
Ext.B3
Document Type: Certification
Submitted By: Defendant
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.B3(a)
Document Type: Legal Notice
Submitted By: Defendant
Relevance:
True copy of the legal notice sent to the plaintiff.
Reference:
Ext.B4
Document Type: Postal receipt
Submitted By: Defendant
Relevance:
Postal receipt related to the legal notice.
Reference:
Ext.B5
Document Type: Track Consignment Report
Submitted By: Defendant
Relevance:
Computer printout of track consignment report from India Post.
Reference:
Ext.B6
Document Type: Certification
Submitted By: Defendant
Relevance:
Certification under the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.B6(a)
Document Type: Judgment
Submitted By: Court
Relevance:
Final judgment delivered by the court regarding the eviction suit.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Muneeb Ibrahim Valiya Purayil vs Ambili Rahul et al regarding injunction against forceful eviction.
Case Code Year
Case between Muneeb Ibrahim Valiya Purayil vs Ambili Rahul et al regarding injunction against forceful eviction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/24/2024 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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