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
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.
The counterclaim plaintiffs established their genuine need for the property.
Losing Side's Weaknesses:
Not available
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