Case Summary
Zibi John Benny Jacob is the plaintiff fighting against the Olive Courtyard Owner’s Association and its Secretary for a declaration of her rights and a permanent injunction against being obstructed from renting her apartment. The defendants have unlawfully tried to prevent her and her tenants from entering the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction preventing the defendants from obstructing the plaintiff and her tenants from entering the apartment.
Case Type
Civil Suit
Final Judgment
No
The plaintiff's request for declaration and an injunction has been granted. The court ruled that the defendants cannot obstruct the plaintiff and her tenants from entering the apartment.
Why Plaintiff Won:
The plaintiff established her case through unchallenged oral and documentary evidence.
The plaintiff established her case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established her case through unchallenged oral and documentary evidence.
The plaintiff established her case through unchallenged oral and documentary evidence.
Supporting Evidence
The apprehension of plaintiff is well founded. On perusal of the proof affidavit and documents produced, which remain unchallenged, I am satisfied that plaintiff has established her case.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) It is hereby declare that the plaintiff has every right to do anything lawfully, in the plaint schedule apartment including let the same to any person. 2) Defendants are restrained by a permanent prohibitory injunction from obstructing plaintiff and her tenants including the tenants as per rental agreement dated 28.10.2022, from entering into the plaint schedule apartment and courtyard of the building and also from enjoying the right which the plaintiff obtained as per saledeed No.2491/2008 of Thrikkakara SRO. 3) Defendants are directed to pay costs of the suit to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Zibi John Benny Jacob
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Olive Courtyard Owner’s Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Thomas Philip
- Relation
- The Secretary
Plaintiffs Documents
Certified copy of Sale Deed No. 2491/2008 of SRO, Thrikkakara; Copy of the bye-law of the defendant Association; Rental agreement dated 28.10.2022 made between the plaintiff and Maria Eldho; Photocopy of minutes of Annual general meeting of the defendant Association.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhil Alphonse.G.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiff has the right to let the apartment to any person.
Evidence:
It is hereby declare that the plaintiff has every right to do anything lawfully, in the plaint schedule apartment including let the same to any person.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the plaintiff and her tenants from entering the apartment.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from obstructing plaintiff and her tenants including the tenants as per rental agreement dated 28.10.2022, from entering into the plaint schedule apartment and courtyard of the building.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and possession of the apartment.
Reference:
Ext.A1
Document Type:
Bye-law
Submitted By:
Plaintiff
Relevance:
Outlines the rules of the first defendant Association.
Reference:
Ext.A2
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Documents the rental arrangement between the plaintiff and her tenants.
Reference:
Ext.A3
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Provides context on the decisions made by the first defendant Association.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Zibi John Benny Jacob vs Olive Courtyard Owner’s Association et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Zibi John Benny Jacob vs Olive Courtyard Owner’s Association et al regarding declaration and permanent prohibitory injunction