Case Summary
The plaintiff, Sony Thomas, seeks a permanent prohibitory injunction against the defendant, Thressiamma Joseph, to prevent eviction from a commercial property. The plaintiff claims a statutory tenant status and alleges threats and unlawful eviction attempts by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against eviction.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant from evicting the plaintiff except through due process of law.
Why Plaintiff Won:
The plaintiff established valid tenancy and presented unchallenged evidence supporting his claim.
The plaintiff established valid tenancy and presented unchallenged evidence supporting his claim.
Losing Side's Weaknesses:
The plaintiff established valid tenancy and presented unchallenged evidence supporting his claim.
The plaintiff established valid tenancy and presented unchallenged evidence supporting his claim.
Supporting Evidence
The court is satisfied that plaintiff has entered the plaint schedule property and continues in plaint schedule property validly as a tenant.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendant is restrained by a permanent prohibitory injunction from forcibly evicting plaintiff from the suit schedule property otherwise than in due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sony Thomas
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thressiamma Joseph
- Party Age
- 75
- Relation
- W/o
Plaintiffs Documents
Photocopy of rent agreement dated 19.01.2023, Original receipts of rent payments.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese C Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amritha J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Haritha Raju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained by a permanent prohibitory injunction from forcibly evicting the plaintiff from the suit schedule property.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from forcibly evicting plaintiff from the suit schedule property otherwise than in due process of law.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to plaintiff.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Photocopy of rent agreement
Submitted By:
Plaintiff
Relevance:
This document shows the agreement under which the plaintiff is claiming tenancy.
Reference:
Ext.A1
Document Type:
Original of receipt
Submitted By:
Plaintiff
Relevance:
These receipts indicate regular rent payments made by the plaintiff.
Reference:
Exts.A2 to A6, A8, A11
Document Type:
Copy of Google pay receipt
Submitted By:
Plaintiff
Relevance:
These receipts indicate payments made through Google Pay for rent and other charges.
Reference:
Ext.A7, A9, A10
Document Type:
Bank Statement indicating Google pay
Submitted By:
Plaintiff
Relevance:
This document shows a bank transaction that supports the plaintiff's claims about payments.
Reference:
Ext.A12
Document Type:
Copy of Google pay receipt indicating payment of electricity charges
Submitted By:
Plaintiff
Relevance:
These receipts provide evidence of the plaintiff's payments for electricity charges.
Reference:
Ext.A13 to A18
Document Type:
Photo Copy of Google pay receipt indicating water charges
Submitted By:
Plaintiff
Relevance:
These receipts provide evidence of the plaintiff's payments for water charges.
Reference:
Ext.A19, A20
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sony Thomas vs Thressiamma Joseph regarding permanent prohibitory injunction.
Case Code Year
Case between Sony Thomas vs Thressiamma Joseph regarding permanent prohibitory injunction.