Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. 76/2016

Case between YMCA Manarcadu et al vs Rini Jose regarding mandatory injunction

Court
IN THE COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu. R
Order Date
2025-04-04
Duration
approximately-9 years 3 months
Case Code No.
76
Case Closed
Fri, 04/04/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The counterclaim plaintiffs, representing YMCA Manarcadu, sought a mandatory injunction against Rini Jose to vacate the premises they rented out. The plaintiffs claimed their need for the building was genuine as they intended to start a play school.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the counterclaim, ordering Rini Jose to vacate the premises within three months.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the counterclaim schedule room within a period of 3 months
Case Type
Counterclaim
Final Judgment
No
The court decreed the counterclaim, ordering Rini Jose to vacate the premises within three months.
Why Plaintiff Won:
The counterclaim plaintiffs established their genuine need for the property.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaintiffs can start any business of their choice at any point of time in the plaint schedule building. The need put forward by the counterclaim plaintiffs is not bonafide.

Judgment Evidence:

In the result, The counterclaim is decreed as follows; The counterclaim defendant shall give vacant possession of the counterclaim schedule room within a period of 3 (three) months from the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
YMCA Manarcadu
Relation
Represented by
Party Role
Plaintiff
Party Name
M I Issac
Party Age
74
Relation
S/o
Party Role
Plaintiff
Party Name
Sunil Abraham
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Rini Jose @ Rini Jo
Party Age
43
Relation
W/o
Plaintiffs Documents
True copy of minutes of board meeting of YMCA Manarcadu, Lease Agreement.
Defendants Documents
Copy of lease agreement, Letter Issued from YMCA Manarcadu Kottayam.

Advocates

Party Role
Plaintiff
Advocate Name
P C Chacko
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P P Joseph
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Directing the counterclaim defendant to vacate the property.
Evidence:
The counterclaim is decreed as follows; The counterclaim defendant shall give vacant possession of the counterclaim schedule room within a period of 3 (three) months from the date of decree.
Relief Type: Mesne Profit
Outcome: Refused
Description:
Praying for mesne profit for illegal occupation.
Evidence:
In such a situation, the relief for mesne profit need not be allowed.

Documents & Evidence

Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
Document establishing the lease agreement between the plaintiffs and the counterclaim defendant.
Reference:
Ext.A2
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Notice issued by the plaintiff demanding vacant possession of the property.
Reference:
Ext.A3
Document Type: Minutes of Board Meeting
Submitted By: Plaintiff
Relevance:
Minutes of the YMCA Manarcadu board meeting indicating the decision related to the property.
Reference:
Ext.A1
Document Type: Minutes of Board Meeting
Submitted By: Plaintiff
Relevance:
Another record of board meeting concerning the operations of YMCA Manarcadu.
Reference:
Ext.A4
Document Type: Minutes of Board Meeting
Submitted By: Plaintiff
Relevance:
Minutes of a subsequent board meeting related to YMCA Manarcadu.
Reference:
Ext.A5
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt regarding lease matters.
Reference:
Ext.A6
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Previous judgment reference impacting the current case.
Reference:
Ext.A7
Document Type: Lease Agreement
Submitted By: Defendant
Relevance:
Lease agreement from the defendant's perspective regarding the property.
Reference:
Ext.B1
Document Type: Letter
Submitted By: Defendant
Relevance:
Letter issued by the plaintiffs regarding an increase in rent.
Reference:
Ext.B2
Document Type: Notice
Submitted By: Defendant
Relevance:
Notice issued from the plaintiff to the defendant.
Reference:
Ext.B3
Document Type: Reply Notice
Submitted By: Defendant
Relevance:
Defendant's response to the notice.
Reference:
Ext.B4
Document Type: Postal receipt
Submitted By: Defendant
Relevance:
Postal evidence of communication regarding the lease.
Reference:
Ext.B5
Document Type: Minutes
Submitted By: Court
Relevance:
Minutes from the Grama Panchayat validating jurisdiction.
Reference:
Ext.X1

Case Classification

Case Type
Counterclaim
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2016

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Wed, 01/27/2016 - 12:00
Case Closed
Fri, 04/04/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

YMCA

Similar Cases

Case between Mohan Varghese vs The Kottayam YMCA et al regarding suit dismissal.
COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Defendant Won
Case between Dr. Paul. K. Chandy et al vs K.V. Shiraz regarding eviction of tenant
COURT OF THE RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between Mohan Varghese vs The Kottayam YMCA et al regarding dismissal of suit
THE COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Defendant Won
Case between Plamena K.X vs P.K. Varghese regarding eviction and damages
Addl. Munsiff's Court
Civil Suit Plaintiff Won
Case between Jose Mathew et al vs K.S.Ninan regarding arrears of rent.
IN THE COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won