Case Summary
T.K.Shoukath Ali and others filed a suit against The Puthupallipuram SNDP Branch no. 219 and others seeking relief from forceful eviction from their rented business premises. The plaintiffs claim they are being coerced into paying increased rent without proper authority.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against forceful eviction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court determined that the plaintiffs were in settled possession and were entitled to protection against illegal eviction without due process.
The court determined that the plaintiffs were in settled possession and were entitled to protection against illegal eviction without due process.
Judgment Evidence:
In the result, the suit is decreed in part i. The defendants and their agents are restrained from forcefully evicting the plaintiffs from the plaint A, B and C schedule shop rooms unless in accordance with due process of law.
Parties Involved
Plaintiffs
T.K.Shoukath Ali (66 years years)
Maliyakalparambil house, Desabhimani road, Kaloor, Ernakulam - 682 017
Ashraf U.V (39 years years)
Unniyamvalappil house, Kuttayi, Mangalam, Malappuram, Kerala - 676 562
Abdul Sathar P.T (51 years years)
Peechinga Parambil house, Milma road, Museum Nagar, Edappally north P.O, Edapplly S.O, Ernakulam Edappally, Kerala 682 024
Defendants
The Puthupallipuram SNDP Branch no. 219 (Age not specified years)
Puthupallipuram, Koonamthai, Edappally P.O, Ernakulam District, Pin - 682 024
SNDP Kanayannur taluk Union (Age not specified years)
Palarivattom, Ernakulam Pin - 682 025
SNDP Yogam (Age not specified years)
SNDP Yogam Head Office, VJM2 - GG4, Jawahar Nagar, Karbak, Kollam, Pin - 691 001
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs are granted an injunction restraining the defendants from forcefully evicting them from the shop rooms.
Evidence:
Therefore, a decree of permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiffs from the plaint schedule property can be granted as sought for.
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs sought a declaration regarding the validity of the managing committee of the first defendant.
Evidence:
In the said circumstance, the issue is found against the plaintiff.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Evidence of financial transactions related to rental payments.
Reference:
Ext.A1
Document Type:
Google Pay Receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing payment made by the plaintiffs towards rent.
Reference:
Ext.A2
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Evidence supporting the election process of the defendant's management committee.
Reference:
Ext.B1