Case Summary
Sajna, the plaintiff, is involved in a legal dispute with Deepa Mary, the defendant, concerning an interim injunction order related to commercial premises rented for a poultry business. The defendant is attempting to evict the plaintiff from the property, which has led to the plaintiff seeking protection from the court.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the application for the interim injunction sought by the plaintiff and allowed the defendant's application to set aside the previous interim order.
Key Reasoning:
The plaintiff failed to prove a prima facie case, had acted in violation of rental terms, and had suppressed material facts.
The plaintiff failed to prove a prima facie case, had acted in violation of rental terms, and had suppressed material facts.
Why Defendant Won:
The plaintiff failed to prove a prima facie case, had acted in violation of rental terms, and had suppressed material facts.
The plaintiff failed to prove a prima facie case, had acted in violation of rental terms, and had suppressed material facts.
Supporting Evidence
The plaintiff's possession and rights extend only to the two shop rooms and not to the entire 5.8 ares of land. The injunction order was obtained by suppressing material facts.
Judgment Evidence:
In the result, IA No. 1/2024 is dismissed. IA No. 4/2025 is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajna
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Deepa Mary
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Photocopy of rent agreement
Defendants Documents
Notarised copy of sale deed No. 138/2018 of Kollam S.R.O, Land Tax Receipt, Building certificates issued from Kollam Municipal Corporation.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dileep S. Pattathanam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G. Krishna Priya
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S. Sam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiff sought an interim injunction to restrain the defendant from eviction and causing disturbances.
Evidence:
The plaintiff has no bonafide case, and has acted in violation of the terms of the rental agreement.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant's application to set aside the interim injunction was allowed.
Evidence:
Therefore, the application filed by the defendant to set aside the interim injunction order and to restore the defendant's full rights of ownership, possession, and enjoyment over the entire property is allowed till the disposal of the suit.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document confirms the tenancy of the plaintiff for two shop rooms to conduct business.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes the defendant's ownership of the entire property in dispute.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Demonstrates the defendant's property tax obligations and ownership.
Reference:
Ext.B2
Document Type:
Building Certificate
Submitted By:
Defendant
Relevance:
Validates the existence and legality of the building where the plaintiff operated his business.
Reference:
Ext.B3
Document Type:
Building Certificate
Submitted By:
Defendant
Relevance:
Another certificate underscoring the legitimacy of the defendant's properties.
Reference:
Ext.B4
Document Type:
Building Certificate
Submitted By:
Defendant
Relevance:
Further proof of the defendant's legal holdings in the context of the case.
Reference:
Ext.B5
Document Type:
Acknowledgement
Submitted By:
Defendant
Relevance:
Shows the defendant's official complaints and interactions with local authorities regarding the plaintiff.
Reference:
Ext.B6
Document Type:
Notice
Submitted By:
Defendant
Relevance:
A record of correspondence from the Kollam Municipal Corporation concerning the plaintiff's activities.
Reference:
Ext.B7
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Demonstrates the defendant's complaint reaching the Chief Minister’s Office.
Reference:
Ext.B8
Document Type:
Receipt of Complaint
Submitted By:
Defendant
Relevance:
Further substantiation of the defendant's grievance against the plaintiff's actions.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Details findings relevant to the property in question.
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains the findings relevant to the injunction and property dispute.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documents conditions of the premises at the time of inspection.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the layout of the property in relation to the claims of both parties.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2024