Case Summary
The petitioners, Vinod U and Suresh U, are brothers operating a studio and are seeking to prevent the defendants from forcibly evicting them from their rented shop room. The defendants claim ownership of the property and allege that the petitioners are not tenants but merely employees.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from evicting the petitioners and causing any obstruction to their business.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved a prima facie case for their claimed tenancy.
The plaintiffs proved a prima facie case for their claimed tenancy.
Judgment Evidence:
In the result, Petition is allowed. Respondents are restrained by a temporary injunction from evicting petitioners from the plaint schedule shop room by force.
Parties Involved
Plaintiffs
Vinod U (56 years)
Kalpana Nivas, Konthuruthi Thevara P O, Pin code 682013, Ernakulam
Suresh U (51 years)
Kalpana Nivas, Konthuruthi Thevara P O, Pin code 682013, Ernakulam
Defendants
Johnson M M (57 years)
Manjooran House, Kadavandra P O, Ernakulam, Pin code 682020
Jolly Titus (58 years)
Manjooran House, Kadavandra P O, Ernakulam, Pin code 682020
Laly Victor (53 years)
Manjooran House, Kadavandra P O, Ernakulam, Pin code 682020
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Respondents are restrained by a temporary injunction from evicting petitioners from the plaint schedule shop room by force.
Evidence:
Accordingly, I am satisfied that plaintiffs have established a prima facie that they are the tenants of the defendants.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Respondents are restrained from causing any kind of damage to the same and also from committing any kind of obstruction or hindrance to plaintiffs in peacefully conducting the business.
Evidence:
I am satisfied that the petitioners will be put to irreparable loss and injury if an order of injunction is not passed.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement executed between the 1st defendant and the plaintiffs.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement executed between the plaintiffs and the defendants.
Reference:
Ext.A2
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Electricity bill issued by the KSEB and the printout of the bill paid online.
Reference:
Ext.A3
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Electricity bill issued by the KSEB and the printout of the bill paid online.
Reference:
Ext.A4
Document Type:
Telephone Bill
Submitted By:
Plaintiff
Relevance:
BSNL Telephone bill issued in the name of Mr. Ravindran U V.
Reference:
Ext.A5
Document Type:
Telephone Bill
Submitted By:
Plaintiff
Relevance:
BSNL Telephone bill issued in the name of Mr. Ravindran U V.
Reference:
Ext.A6
Document Type:
Online Payment Receipt
Submitted By:
Plaintiff
Relevance:
Printout of online payment receipt details in respect of phone no. 04842353067 issued by BSNL.
Reference:
Ext.A7
Document Type:
Current Account Statement
Submitted By:
Plaintiff
Relevance:
Printout of statement of current account in SBI maintained by plaintiffs in the name of Kalpana Studio and Colour lab.
Reference:
Ext.A8
Document Type:
Current Account Statement
Submitted By:
Plaintiff
Relevance:
Printout of statement of current account in SBI maintained by plaintiffs in the name of Kalpana Studio and Colour lab.
Reference:
Ext.A9
Document Type:
Current Account Statement
Submitted By:
Plaintiff
Relevance:
Printout of statement of current account in SBI maintained by plaintiffs in the name of Kalpana Studio and Colour lab.
Reference:
Ext.A10
Document Type:
Chequebook
Submitted By:
Plaintiff
Relevance:
Original blank cheque bearing number 282854 issued in current account number 61051918652 of SBI in the name of Kalpana Studio and Colour lab.
Reference:
Ext.A11
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Original tax invoice in respect of Epson Printer PM520 issued to Kalpana Digital Studio.
Reference:
Ext.A12
Document Type:
Retail Invoice
Submitted By:
Plaintiff
Relevance:
Original retail invoice in respect of UPS Zebronics 600 VA to Kalpana Studio.
Reference:
Ext.A13
Document Type:
Membership Certificate
Submitted By:
Plaintiff
Relevance:
Certificate of membership no. 087315 issued by Kerala State Vyapari Vyavasayi Samithi to 1st plaintiff.
Reference:
Ext.A14
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photograph of Kalpana Studio.
Reference:
Ext.A15
Document Type:
Online Payment Details
Submitted By:
Plaintiff
Relevance:
Printout of online payment details by 1st plaintiff to the 1st defendant.
Reference:
Ext.A16
Document Type:
Online Payment Details
Submitted By:
Plaintiff
Relevance:
Printout of online payment details by 1st plaintiff to the 1st defendant.
Reference:
Ext.A17
Document Type:
Online Payment Details
Submitted By:
Plaintiff
Relevance:
Printout of online payment details by 1st plaintiff to the 1st defendant.
Reference:
Ext.A18
Document Type:
Duplicate Rent Agreement
Submitted By:
Plaintiff
Relevance:
Duplicate of rent agreement handed over by 1st defendant to the plaintiffs.
Reference:
Ext.A19
Document Type:
Inauguration Invitation Notice
Submitted By:
Plaintiff
Relevance:
Copy of inauguration invitation notice of Kalpana Studio.
Reference:
Ext.A20
Document Type:
Bill Payment Details
Submitted By:
Plaintiff
Relevance:
Copy of Bill payment details of Airtel Broadband connection of land phone no. 0484 4043067.
Reference:
Ext.A21
Document Type:
Bill Payment Details
Submitted By:
Plaintiff
Relevance:
Copy of Bill payment details of Airtel Broadband connection of land phone no. 0484 4043067.
Reference:
Ext.A22
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Original tax invoice in respect of DELL OPTIPLEX 5055 MT Ryzen 3/4G/IT/UBUN.
Reference:
Ext.A23
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Original invoice in respect of printer Canon G2010.
Reference:
Ext.A24
Document Type:
Invitation Letter
Submitted By:
Plaintiff
Relevance:
Original invitation letter of inauguration of Kalpana Studio.
Reference:
Ext.A25
Document Type:
Certificate of Registration
Submitted By:
Defendant
Relevance:
Original Certification of registration, issued in the name of Mrs. Deepa Johnson.
Reference:
Ext.B1
Document Type:
Registration Certificate
Submitted By:
Defendant
Relevance:
True copy (Online printout) of the Registration Certificate in form GST REG No. 06 issued by the Government of India, in the name Deepa Johnson.
Reference:
Ext.B2
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice no. 35112 issued by the Cochin Municipal Corporation to Manjooran Store under section 245 of Kerala Management Act, 1994 demanding professional tax.
Reference:
Ext.B3
Document Type:
GST Payment Statement
Submitted By:
Defendant
Relevance:
True copy (Online printout) of form GST CMP-08 (Statement of payment of self assessed tax) for Quarter year (January to March) 2023-2024 in the name of Deepa Johnson for Manjooran Stores Bakers.
Reference:
Ext.B4
Document Type:
GST Payment Statement
Submitted By:
Defendant
Relevance:
True copy (Online Printout) of form GST CMP-08 for Quarter year (April-June) 2023-2024 in the name of Deepa Johnson for Manjooran Stores Bakers.
Reference:
Ext.B5
Document Type:
GST Payment Statement
Submitted By:
Defendant
Relevance:
True copy of form GST CMP-08 for Quarter year (July-September) 2023-2024 in the name of Deepa Johnson for Manjooran Stores Bakers.
Reference:
Ext.B6
Document Type:
GST Payment Statement
Submitted By:
Defendant
Relevance:
True copy of form GST CMP-08 for quarter year (October-December) 2023-2024 in the name of Deepa Johnson for Manjooran Stores Bakers.
Reference:
Ext.B7
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Official Receipt No. 28059 issued in the name of Deepa Johnson from Kochi Municipal Corporation.
Reference:
Ext.B8
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Property tax receipt issued from Municipal Corporation, Kochi.
Reference:
Ext.B9
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
True copy of property tax receipt issued from Kochi Municipal Corporation.
Reference:
Ext.B10
Document Type:
Professional tax receipt
Submitted By:
Defendant
Relevance:
Receipt for payment of Professional Tax for Manjooran Store for the period from 2019 to 2021 issued by Kochi Municipal Corporation.
Reference:
Ext.B11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Advocate Alint Joseph.
Reference:
Ext.C1