Case Summary
Ravi.C., the plaintiff, is a tenant operating a gym in a building owned by the defendant. The plaintiff seeks a prohibitory injunction to prevent the defendant from evicting him due to alleged non-payment of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against forceful eviction
Case Type
Civil Suit
Final Judgment
No
The court granted a decree of permanent prohibitory injunction, preventing the defendant from evicting the plaintiff without due process of law. The plaintiff is also entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff successfully demonstrated that the defendant had no intention to evict him without following due process, and the court found the defendant's challenge to be unsustainable.
The plaintiff successfully demonstrated that the defendant had no intention to evict him without following due process, and the court found the defendant's challenge to be unsustainable.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated that the defendant had no intention to evict him without following due process, and the court found the defendant's challenge to be unsustainable.
The plaintiff successfully demonstrated that the defendant had no intention to evict him without following due process, and the court found the defendant's challenge to be unsustainable.
Supporting Evidence
Considering the aforesaid facts, plaintiff is entitled for a decree of permanent prohibitory injunction against forceful eviction as the defendant himself undertook that he will not forcefully evict the plaintiff from the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is restrained from causing any disturbance to the smooth running of the plaintiff’s business in the plaint schedule building or dispossessing him therefrom otherwise than due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ravi.C.
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala State Federation Of Scheduled Castes and Sheduled Tribes Development Cooperatives Ltd.
- Relation
- Represented by
Plaintiffs Documents
The copy of lease agreement dated 12/01/2018, receipt No.0753365 issued by Municipal Corporation, Thiruvananthapuram dated 20/04/2021, registration certificate dated 04/11/2019, show cause notice dated 21/01/2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.A.Ahamed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Vidhya Chandran.R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Aravind Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Kulathoor S.V. Premakumaran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff sought to restrain the defendant from forcefully evicting him.
Evidence:
Considering the aforesaid facts, plaintiff is entitled for a decree of permanent prohibitory injunction against forceful eviction as the defendant himself undertook that he will not forcefully evict the plaintiff from the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The copy of lease agreement indicating the terms under which the plaintiff occupies the building.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
The receipt issued by the Municipal Corporation for conducting business.
Reference:
Ext.A2
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
The certification required for the plaintiff's business.
Reference:
Ext.A3
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
The notice issued by the defendant alleging issues against the plaintiff.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Ravi.C. vs Kerala State Federation Of Scheduled Castes and Sheduled Tribes Development Cooperatives Ltd. regarding permanent prohibitory injunction
Case Code Year
Case between Ravi.C. vs Kerala State Federation Of Scheduled Castes and Sheduled Tribes Development Cooperatives Ltd. regarding permanent prohibitory injunction