Case Summary
Sony K Thomas filed a suit against Sushama.P.K and her daughter Vinitha.P.R seeking a permanent prohibitory injunction to prevent their alleged forceful eviction from the rented property. The defendants admitted they had no intention to evict the plaintiff except through due process of law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendants restraining them from forcibly evicting the plaintiff from the rented property or interfering with the peaceful enjoyment of the premises.
Why Plaintiff Won:
The defendants admitted their intention to evict was only through due process of law, leading to the court's decision to grant the injunction.
The defendants admitted their intention to evict was only through due process of law, leading to the court's decision to grant the injunction.
Losing Side's Weaknesses:
The defendants admitted their intention to evict was only through due process of law, leading to the court's decision to grant the injunction.
The defendants admitted their intention to evict was only through due process of law, leading to the court's decision to grant the injunction.
Supporting Evidence
The defendants admitted they have no such intention to forcefully evict the plaintiff from the plaint schedule building, except in accordance with law.
Judgment Evidence:
Hence this court is of the view that no purpose will be served in proceeding further with this case. Considering the fact that there remain no further issues to be adjudicated in this case, the suit is decreed as follows:- (i) A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents or anybody acting under them from forcefully evicting the plaintiff from the plaint schedule building or from doing anything detrimental to the peaceful function of his super market business and enjoyment of said building, otherwise than by due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sony K Thomas
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sushama.P.K
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinitha.P.R
- Party Age
- 45
- Relation
- D/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Praveen K Joy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jasmin Aby Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants from forcefully evicting the plaintiff.
Evidence:
Hence this court is of the view that no purpose will be served in proceeding further with this case. Considering the fact that there remain no further issues to be adjudicated in this case, the suit is decreed as follows: A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents or anybody acting under them from forcefully evicting the plaintiff from the plaint schedule building or from doing anything detrimental to the peaceful function of his super market business and enjoyment of said building, otherwise than by due process of law.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Forceful eviction
Case Code
Case between Sony K Thomas vs Sushama.P.K et al regarding permanent prohibitory injunction.
Case Code Year
Case between Sony K Thomas vs Sushama.P.K et al regarding permanent prohibitory injunction.