Case Summary
The plaintiff, P.I. Radhakrishnan, is the absolute owner of certain land and has filed a suit against the defendant, Manivarnan E.M., to obtain a mandatory injunction for vacating the premises after the defendant defaulted on rental payments. The plaintiff requires the premises for business expansion.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the premises and permanent prohibitory injunction from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must vacate the premises and issued a permanent prohibitory injunction against him trespassing into the property. The plaintiff is entitled to receive costs from the defendant.
Why Plaintiff Won:
The plaintiff proved ownership and the urgency of needing the property for business purposes.
The plaintiff proved ownership and the urgency of needing the property for business purposes.
Losing Side's Weaknesses:
The plaintiff proved ownership and the urgency of needing the property for business purposes.
The plaintiff proved ownership and the urgency of needing the property for business purposes.
Supporting Evidence
The plaintiff proved plaint allegations on the strength of chief affidavit and Ext. A1, A3 and A4.
Judgment Evidence:
In the result, suit decreed as follows: 1. The defendant is hereby directed by a decree of mandatory injunction to vacate the petition schedule room. 2. The defendant is hereby restrained by decree of permanent prohibitory injunction from trespassing into plaint schedule property and committing any waste therein interfering and obstructing peaceful occupation and enjoyment of plaint schedule property by plaintiff and committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.I. Radhakrishnan
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manivarnan E.M.
- Party Age
- 32
Plaintiffs Documents
Original property tax receipt 2 Nos. issued by Corporation of Kochi, the objection filed by defendant in RCP 08/2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rejimon P.A.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is hereby directed by a decree of mandatory injunction to vacate the petition schedule room.
Evidence:
The defendant is hereby directed by a decree of mandatory injunction to vacate the petition schedule room.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is hereby restrained by decree of permanent prohibitory injunction from trespassing into plaint schedule property.
Evidence:
The defendant is hereby restrained by decree of permanent prohibitory injunction from trespassing into plaint schedule property and committing any waste therein interfering and obstructing peaceful occupation and enjoyment of plaint schedule property by plaintiff and committing waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get costs of suit from defendant and from his assets.
Evidence:
The plaintiff is entitled to get costs of suit from defendant and from his assets.
Documents & Evidence
Document Type:
Property tax receipts
Submitted By:
Plaintiff
Relevance:
Ext.A1 is the property tax receipts dated 16.05.2023 (2 in Nos.)
Reference:
Ext.A1
Document Type:
Objection
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the photocopy of the objection dated 27.05.2019, marked subject to provisions of Indian Evidence Act.
Reference:
Ext.A2
Document Type:
Court Proceedings
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the copy of the proceedings dated 30.05.2023 in RCP 8.2019.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the copy of lawyer’s notice dated 01.06.2023.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The plaintiff proved plaint allegations on the strength of chief affidavit.
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 P.I. Radhakrishnan vs Manivarnan E.M. regarding Suit for permanent prohibitory injunction and Mandatory injunction.
Case Code Year
Case between P.I. Radhakrishnan vs Manivarnan E.M. regarding Suit for permanent prohibitory injunction and Mandatory injunction.