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
The court dismissed the plaintiff's application for an interim injunction and allowed the defendant's application to lift the injunction. The plaintiff was ordered to pay rent arrears.
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.
Why Defendant Won:
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.
Supporting Evidence
In the case at hand, it is evident from the documents and oral submissions that the plaintiff failed to prove payment of rent and that another tenant may be in possession of the property.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil Krishnan
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashker Alikhan
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Photocopy of Rental Agreement dated 27.04.2023, Photocopy of Rental Agreement dated 10.01.2025, True copy of Demand Notice dated 05.03.2025
Defendants Documents
Power of Attorney, Computer print out of Statement of Account for the period from 01.01.2021 to 27.01.2025, Computer print out of Statement of Account for the period from 01.01.2023 to 27.01.2025
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu T.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anaina Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishob K Nair
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Sunil Krishnan vs Ashker Alikhan regarding temporary injunction and rent arrears
Case Code Year
Case between Sunil Krishnan vs Ashker Alikhan regarding temporary injunction and rent arrears