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O.S. No.980/2019

Case between Rasak.N.A. vs Shahul Hameed et al regarding permanent prohibitory injunction

Court
II Additional Munsiff Court
Judge
Smt. Maneesha K Bhadran
Order Date
2024-02-29
Duration
approximately-4 years 9 months
Case Closed
Thu, 02/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The suit filed by the plaintiff for a permanent prohibitory injunction has been decreed in favor of the plaintiff. The court has restrained the defendants from forcibly evicting the plaintiff and has also directed the defendants to pay the costs of the suit.
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
The suit filed by the plaintiff for a permanent prohibitory injunction has been decreed in favor of the plaintiff. The court has restrained the defendants from forcibly evicting the plaintiff and has also directed the defendants to pay the costs of the suit.
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.
Losing Side's Weaknesses:
The plaintiff was found to be in possession of the property and the defendants did not provide sufficient evidence to prove their claims.
Supporting Evidence
It is well settled that a tenant can only be evicted by lawful means. The apprehension put forth by the plaintiff from the attending circumstances appears to be realistic. In this case, plaintiff is found to be in possession. On the finding, he should be granted the injunction prayed for.

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

Parties

Party Role
Plaintiff
Party Name
Rasak.N.A.
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Shahul Hameed
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Khadeeja Shahul
Party Age
50
Relation
W/o
Plaintiffs Documents
Lease agreement dated 25.10.2017, Bank account statement, Complaints before SHO Palarivattom
Defendants Documents
Rent Agreement executed between the plaintiff and the defendants, Complaint submitted before SHO Palarivattom

Advocates

Party Role
Plaintiff
Advocate Name
N.A. Shafeek
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arunkumar.P.V.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Blossom Mathew
Appearance Type
Main Counsel

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:

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 Rasak.N.A. vs Shahul Hameed et al regarding permanent prohibitory injunction
Case Code Year
Case between Rasak.N.A. vs Shahul Hameed et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 07/08/2019 - 12:00
Case Closed
Thu, 02/29/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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