Case Summary
The plaintiff, S.Balakrishnan, is seeking a mandatory and permanent prohibitory injunction against the defendants, including Ms.Valsamma Thomas and P.C. Thomas, regarding the possession and business operations of a chip and sweets stall at a shop room. The defendants have allegedly demanded illegal enhanced rent and threatened eviction without due process.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Permanent prohibitory injunction restraining defendants from trespassing into plaint A & B schedule properties
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff established possession of the plaint schedule properties through corroborating documentary and oral evidence.
The plaintiff established possession of the plaint schedule properties through corroborating documentary and oral evidence.
Judgment Evidence:
In the result, it is decreed by a permanent prohibitory injunction restraining the defendants, their men and agents and servants from trespassing into the plaint A & B schedule properties.
Parties Involved
Plaintiffs
S.Balakrishnan (52 years years)
Akka parambil house, Cheranellore, Ernakulam, Cochin – 682 034
Defendants
Ms.Valsamma Thomas (53 years years)
Amal Villa, Vaniyam Parambil, Adimuri Lane, South Janatha Road, Palarivattom – 682 025
P.C.Thomas (56 years years)
Amal Villa, Vaniyam Parambil, Adimuri Lane, South Janatha Road, Palarivattom – 682 025
P.S.Raju (48 years years)
Anu store, Kinco Jetty, High court Junction, Ernakulam – 682 011
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrained the defendants from trespassing into the plaint schedule properties.
Evidence:
It is also decreed by a permanent prohibitory injunction restraining the defendants, their men and agents and servants from trespassing into the plaint A & B schedule properties, or doing any act of waste or eviction otherwise than by due process of law.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Directing the defendants to return the properties taken away from the plaintiff's shop.
Evidence:
The prayer for mandatory injunction directing the defendants to return the properties taken away from the plaintiff's shop room 'Balu Chips and Sweet Center' is dismissed.
Documents & Evidence
Document Type:
Original hand written receipt
Submitted By:
Plaintiff
Relevance:
The plaintiff provided this receipt as evidence of the advance amount paid to the first defendant.
Reference:
Ext.A1
Document Type:
Original subscription voucher
Submitted By:
Plaintiff
Relevance:
This voucher was presented as proof of subscription in the name of the plaintiff's shop.
Reference:
Ext.A2
Document Type:
Original notice
Submitted By:
Plaintiff
Relevance:
This notice from the District Collector is relevant to the plaintiff's case regarding the shop usage.
Reference:
Ext.A3
Document Type:
Original certificate of verification
Submitted By:
Plaintiff
Relevance:
Presented as evidence that the plaintiff's business was inspected and certified.
Reference:
Ext.A4
Document Type:
True copy of the letter
Submitted By:
Plaintiff
Relevance:
This letter indicates the decision to remove the plaintiff from the shop, corroborating his claims.
Reference:
Ext.A5
Document Type:
Original tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff owns a house, contradicting the defendants' claims.
Reference:
Ext.A6
Document Type:
Original subscription receipt
Submitted By:
Plaintiff
Relevance:
Used to show the plaintiff's established presence at the shop location.
Reference:
Ext.A7
Document Type:
Original letter
Submitted By:
Plaintiff
Relevance:
This letter, directed to the plaintiff, is relevant to the operation of the shop.
Reference:
Ext.A8
Document Type:
Original receipts
Submitted By:
Plaintiff
Relevance:
Shows financial dealings associated with the plaintiff's business activities.
Reference:
Ext.A9
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographic evidence of the defendants' actions in relation to the shop.
Reference:
Ext.A10 series
Document Type:
Printout of photo
Submitted By:
Plaintiff
Relevance:
Official documentation showing political actions against the second defendant.
Reference:
Ext.A11
Document Type:
Printout of photograph
Submitted By:
Plaintiff
Relevance:
Evidence of public outcry against the second defendant, indicating unlawful activities.
Reference:
Ext.A12
Document Type:
True copy of the license
Submitted By:
Plaintiff
Relevance:
License for trade operations under the plaintiff’s name at the shop.
Reference:
Ext.A13
Document Type:
Photocopy of the attendance
Submitted By:
Defendant
Relevance:
Document related to the General body meeting of the Kerala Vyapari Vyavasayi.
Reference:
Ext.B1
Document Type:
True copy of receipts of GCDA
Submitted By:
Defendant
Relevance:
Receipts proving the defendants' payments related to the rented premises.
Reference:
Ext.B2 series
Document Type:
Certified copy of the License
Submitted By:
Defendant
Relevance:
Licensing documentation for the defendants' business operations.
Reference:
Ext.B3
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Document verifying that the defendants met municipal tax obligations.
Reference:
Ext.B4
Document Type:
Receipt issued by Kochi Municipal corporation
Submitted By:
Defendant
Relevance:
Further evidence of tax compliance by the defendants.
Reference:
Ext.B4(a)
Document Type:
Original Identity card
Submitted By:
Defendant
Relevance:
Identity verification for the first defendant.
Reference:
Ext.B5
Document Type:
Printout of Registration
Submitted By:
Defendant
Relevance:
Registration documentation for the first defendant's business.
Reference:
Ext.B5(a)
Document Type:
Photocopy of Receipt
Submitted By:
Defendant
Relevance:
Evidence of utility payments associated with the defendants' business.
Reference:
Ext.B6
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Additional documentation of tax payments by the defendants.
Reference:
Ext.B7
Document Type:
Receipt issued by Kochi Muncipal corporation
Submitted By:
Defendant
Relevance:
Further confirmation of the defendants' tax obligations.
Reference:
Ext.B7(a)
Document Type:
Photocopy of the Receipt
Submitted By:
Defendant
Relevance:
Related to waste disposal fees associated with the business.
Reference:
Ext.B8
Document Type:
Original lease agreement
Submitted By:
Defendant
Relevance:
The legal basis for the first defendant's tenancy.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Document containing findings from the court appointed commissioner.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Visual evidence related to the commissioner's findings.
Reference:
Ext.C1(a)
Document Type:
CD
Submitted By:
Court
Relevance:
Digital evidence submitted as part of the commissioner's report.
Reference:
Ext.C1(b)