Case between Suresh Babu T vs Kiran M B et al regarding permanent prohibitory injunction

Case Summary

The plaintiff, Suresh Babu T, filed a suit against Kiran M B and Grace Cheriyan for a permanent prohibitory injunction to prevent his forcible eviction from a leased property. The plaintiff claims he invested significantly in his business and fears illegal dispossession by the defendants.

Judgment Outcome

Plaintiff Won

Interim Order

The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from dispossessing him from the property without due process. Additionally, the defendants were ordered to pay costs of the suit to the plaintiff.

Judgment Favored

Plaintiff

Relief Granted

Permanent prohibitory injunction from dispossessing the plaintiff

Case Type

Civil Suit

Final Judgment

No

The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from dispossessing him from the property without due process. Additionally, the defendants were ordered to pay costs of the suit to the plaintiff.

Why Plaintiff Won:
The plaintiff was found to be in possession of the property and the defendants failed to produce any evidence justifying eviction.

Losing Side's Weaknesses:
The plaintiff was found to be in possession of the property and the defendants failed to produce any evidence justifying eviction.

Supporting Evidence

A tenant can only be evicted by lawful means. Under law, the possession of a lessee, even after the expiry or its earlier termination is a 'juridical' possession and forcible dispossession is prohibited.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from dispossessing plaintiff from plaint schedule building without due process of law.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Suresh Babu T
Party Age: 42
Relation: S/o

Party Role: Defendant
Party Name: Kiran M B
Party Age: 42
Relation: S/o

Party Role: Defendant
Party Name: Grace Cheriyan
Party Age: 65
Relation: W/o late J M Cheriyan

Plaintiffs Documents

Original rent control petition served from the Rent Control Court, Ernakulam to the plaintiff

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Saji Varghese
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Amalendu
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Abraham K George
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: A D Shajan
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Granted

Description:

Defendants are restrained by a permanent prohibitory injunction from dispossessing the plaintiff from plaint schedule building without due process of law.

Evidence:

In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from dispossessing plaintiff from plaint schedule building without due process of law.

Relief Type: Costs

Outcome: Granted

Description:

Defendants are directed to pay costs of the suit to the plaintiff.

Evidence:

2) Defendants are directed to pay costs of the suit to plaintiff.

Documents & Evidence

Document Type: Rent Control Petition

Submitted By: Plaintiff

Relevance:

This document was presented to support the plaintiff's claim regarding the tenancy and disputes with the defendants.

Reference:

Ext.A1

Case Classification