Case Summary
The plaintiff, Priyamvada, is seeking eviction of the defendant, Anil Kumar Sharma, for illegal occupation of a property after the lease expired. The plaintiff has claimed compensation for unauthorized use of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the schedule property and pay Rs.1,35,000/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to vacate the property and pay compensation for unauthorized occupation.
Why Plaintiff Won:
The plaintiff established that the lease had expired and the defendant remained in possession without legal authority.
The plaintiff established that the lease had expired and the defendant remained in possession without legal authority.
Losing Side's Weaknesses:
The plaintiff established that the lease had expired and the defendant remained in possession without legal authority.
The plaintiff established that the lease had expired and the defendant remained in possession without legal authority.
Supporting Evidence
The court is satisfied that the lease arrangement between parties expired by efflux of time and the continuation of the defendant in plaint schedule premises is illegally.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) Defendant is directed to vacate the schedule property and hand over vacant possession the same to the plaintiff. 2) Defendant shall pay Rs.1,35,000/- along with interest @6 % per annum from the date of suit till the date of decree or realization as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Priyamvada
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anil Kumar Sharma
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Original power of attorney, Duplicate Registered lease deed no. 2590/14, Notice, Letter, Returned envelope
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Navaz
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P J Anilkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeprasad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Defendant is directed to vacate the schedule property and hand over vacant possession to the plaintiff.
Evidence:
In the result, the suit is decreed as follows: Defendant is directed to vacate the schedule property and hand over vacant possession to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.1,35,000/- along with interest @6% per annum from the date of suit till the date of decree or realization.
Evidence:
Defendant shall pay Rs.1,35,000/-(Rupees One lakh thirty five thousand only) along with interest @6 % per annum from the date of suit till the date of decree or realization as the case may be, to plaintiff.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney dated 21.11.2024, establishing the plaintiff's authority.
Reference:
Ext.A1
Document Type:
Registered Lease Deed
Submitted By:
Plaintiff
Relevance:
Duplicate registered lease deed No. 2590/2014 dated 05.09.2014 executed between plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice dated 14.06.2019 granting 3 months time to the defendant for vacating the schedule property.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 15.10.2019 issued to the defendants.
Reference:
Ext.A4
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Returned envelope containing the notice issued to the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Priyamvada vs Anil Kumar Sharma regarding injunction and realization of money
Case Code Year
Case between Priyamvada vs Anil Kumar Sharma regarding injunction and realization of money