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
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.
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
Plaintiffs
P.I. Radhakrishnan (59 years)
Pranavam House, Maradu, Poonithura Village and P.O., Ernakulam District682038
Defendants
Manivarnan E.M. (32 years)
Madurima House, Kannanthrikovil Lane, Thripunithura P.O., Ernakulam District682301
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: