Case Summary
Sojan Augustine, a tenant, filed a suit against Nimmy George and Tom George, seeking a permanent prohibitory injunction to prevent their forceful eviction from the property he leased. Disputes arose over the tenancy, with allegations from both parties regarding forgery and mismanagement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Permanent prohibitory injunction restraining the plaintiff from further trespassing or interference.
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to prove tenancy and possession of the property as claimed.
The plaintiff failed to prove tenancy and possession of the property as claimed.
Judgment Evidence:
In the result, O.S. 459/2020 and O.S. 941/2020 are dismissed and counterclaim in O.S. 459/2020 is decreed in part as follows. 1) The plaintiff is restrained from further trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Parties Involved
Plaintiffs
Sojan Augustine (60 years years)
Kallarackal house, Cheppukulam P.O, Thodupuzha, now residing at “Nimmy Residency”, Peyoli road, Kacheripady, Ernakulam – 682 018.
Defendants
Nimmy George (Age not specified years)
Nediyathara house, “Nagpal”, Near Kaloor Stadium, Kaloor, Ernakulam – 682 017.
Tom George (Age not specified years)
Nediyathara house, “Nagpal”, Near Kaloor stadium, Kaloor, Ernakulam – 682 017.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint from further trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Evidence:
Defendant is found entitled for the relief of permanent prohibitory injunction, restraining the plaintiff from trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
Claims for other reliefs made by the plaintiff.
Evidence:
Plaintiff is found not entitled for the reliefs sought for.
Documents & Evidence
Document Type:
Caveat
Submitted By:
Plaintiff
Relevance:
True copy of caveat filed by first defendant.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice.
Reference:
Ext.A3
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Certified copy of FIR in crime no. 597/2020.
Reference:
Ext.B1
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Certified copy of FIR in crime no. 835/2020.
Reference:
Ext.B2