Case Summary
Sunil Krishnan, the plaintiff, seeks a temporary injunction against his landlord, Ashker Alikhan, to prevent eviction from a property he rented. The defendant is countering with a request to vacate the temporary injunction, citing unpaid rent and other allegations.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Plaintiff is directed to pay the arrears of rent amounting to ₹1,00,000/- within 5 days.
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The defendant demonstrated a lack of prima facie case in favor of the plaintiff regarding the claim for injunction.
The defendant demonstrated a lack of prima facie case in favor of the plaintiff regarding the claim for injunction.
Judgment Evidence:
Therefore, the IA No. 2/2025 is dismissed. IA No. 6/2025 is allowed. The ad interim injunction dated 15.01.2025 granted in IA 2/2025 is lifted. The plaintiff is to be directed to pay the arrears of rent to the tune of ₹1,00,000/- as found above.
Parties Involved
Plaintiffs
Sunil Krishnan (46 years)
GA. Asset Potico, Phase-II, Muttathil Lane, Kadavanthra, Kochi-682 020
Defendants
Ashker Alikhan (35 years)
Kunnamkattil House, Kanjar P O, Idukki, PIN 685 592
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for a temporary injunction to restrain the defendant from evicting the plaintiff.
Evidence:
The plaintiff is therefore not entitled to an order of interim injunction as prayed for.
Relief Type:
Other
Outcome:
Partly Granted
Description:
Direction to the plaintiff to pay the arrears of rent of 1,00,000/- within a period of 5 days.
Evidence:
The plaintiff is directed to pay or deposit in court the arrears of rent of 1,00,000/- within a period of 5 days from the date of this order.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Executed as between the plaintiff and the defendant regarding the lease of the plaint schedule premises.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Executed as between the defendant and Anjana C.B. regarding the plaint schedule building.
Reference:
Ext.A2
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Issued by the defendant to Anjana C.B. regarding rent arrears.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Executed in favour of K.A. Abdulla for representation in the court.
Reference:
Ext.B1
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Computer print out of the account statement for the period from 01.01.2021 to 27.01.2025.
Reference:
Ext.B2
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Computer print out of the account statement for the period from 01.01.2023 to 27.01.2025.
Reference:
Ext.B3