Case Summary
The plaintiff, Shaija Saji, filed a suit seeking a permanent prohibitory injunction against the defendant, Greeshma M., for demanding her to vacate a rented apartment contrary to their agreement. The case involves the plaintiff's right to stay in the apartment until December 2023.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to prove the averments of her case with sufficient and credible evidence. The court found that the plaintiff did not provide adequate proof of her tenancy.
Key Reasoning:
The plaintiff failed to prove her case beyond the preponderance of probabilities.
The plaintiff failed to prove her case beyond the preponderance of probabilities.
Why Defendant Won:
The plaintiff failed to prove her case beyond the preponderance of probabilities.
The plaintiff failed to prove her case beyond the preponderance of probabilities.
Supporting Evidence
Thus, this Court is of the view that the plaintiff failed to prove the plaint averments with sufficient and cogent evidence.
Judgment Evidence:
In the result, suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaija Saji
- Party Age
- 48
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Greeshma M.
- Party Age
- 47
- Relation
- W/o.
Plaintiffs Documents
Rent agreement dated 13.01.2023, Written complaint filed before Infopark Police Station dated 16.08.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.S. Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.K. Roy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.N. Deepa
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendant.
Evidence:
Hence, this Court is of the view that the plaintiff failed to prove the plaint averments with sufficient and cogent evidence. Thus, this Court is of the view that the plaintiff failed to prove the plaint averments with sufficient and cogent evidence.
Relief Type:
Other
Outcome:
Not Decided
Description:
Relief and costs were discussed but not specifically decided.
Evidence:
In the result, suit is dismissed. Considering the facts and circumstances of the case and for the reason that defendant remained exparte, there is no order as to costs.
Documents & Evidence
Document Type:
Written complaint
Submitted By:
Plaintiff
Relevance:
A copy of a written complaint filed before Infopark Police Station, used as evidence in the case.
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs intended to support the plaintiff's case, subject to production of certification under section 65B of the Indian Evidence Act.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of lease conditions
Case Code
Case between Shaija Saji vs Greeshma M. regarding Permanent prohibitory injunction
Case Code Year
Case between Shaija Saji vs Greeshma M. regarding Permanent prohibitory injunction