Case Summary
The plaintiff, Rasak.N.A., is a tenant conducting a scrap business in the property rented from the defendants, Shahul Hameed and Khadeeja Shahul. The case involves a dispute over the defendants attempting to evict the plaintiff illegally.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from forcibly evicting plaintiff and interfering with peaceful enjoyment of property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff was found to be in possession of the property and the defendants did not provide sufficient evidence to prove their claims.
The plaintiff was found to be in possession of the property and the defendants did not provide sufficient evidence to prove their claims.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiff from plaint schedule building and also interfering with the peaceful enjoyment of the same or obstructing the business therein. 2) Defendants are directed to pay costs of the suit to plaintiff.
Parties Involved
Plaintiffs
Rasak.N.A. (50 years)
Nandanath Thundiyil House, Thammanam Kara, Poonithura Village, Kanayannoor Taluk, Thammanam.P.O., Ernakulam, Pin – 682 032
Defendants
Shahul Hameed (58 years)
Mulankath Veettil, Thirumukkulam, Eravathoor.P.O., Kakkulissery Village, Chalakkudy Taluk, Thrissur District
Khadeeja Shahul (50 years)
Mulankath Veettil, Thirumukkulam, Eravathoor.P.O., Kakkulissery Village, Chalakkudy Taluk, Thrissur District
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from forcibly evicting the plaintiff
Evidence:
Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiff from plaint schedule building and also interfering with the peaceful enjoyment of the same or obstructing the business therein.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendants directed to pay costs of the suit to plaintiff
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Photocopy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Used to show communication regarding the legal issues
Reference:
Ext.A1
Document Type:
Statement of Bank Account
Submitted By:
Plaintiff
Relevance:
Demonstrates the financial transactions related to rent payments
Reference:
Ext.A2
Document Type:
True copy of the complaint filed before the Palarivattom Police Station
Submitted By:
Plaintiff
Relevance:
Shows evidence of the plaintiff's complaint regarding forcible eviction
Reference:
Ext.A3
Document Type:
Original receipt for payment of user fee
Submitted By:
Plaintiff
Relevance:
Confirms payment of fees related to the business operation
Reference:
Ext.A4
Document Type:
Original receipt for property tax
Submitted By:
Plaintiff
Relevance:
Proves payment of property tax for the leased property
Reference:
Ext.A5
Document Type:
Original receipt for property tax
Submitted By:
Plaintiff
Relevance:
Proves payment of property tax for the leased property
Reference:
Ext.A6
Document Type:
Original receipt for professional tax
Submitted By:
Plaintiff
Relevance:
Demonstrates compliance with local tax obligations
Reference:
Ext.A7
Document Type:
Original of the Rent Agreement
Submitted By:
Defendant
Relevance:
Defines the terms of the rental relationship between the plaintiff and defendants
Reference:
Ext.B1
Document Type:
True copy of the complaint submitted before the SHO
Submitted By:
Defendant
Relevance:
Substantiates defendants' claims regarding the plaintiff's actions
Reference:
Ext.B2
Document Type:
Original receipt bearing Petition No. 91504/2023
Submitted By:
Defendant
Relevance:
Validates the complaint process initiated by the defendants
Reference:
Ext.B3
Document Type:
Identification of plaint schedule shop rooms
Submitted By:
Court
Relevance:
Identifies the contested properties in the case
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies from witnesses were considered in the judgment
Reference: