Case Summary
Abhilash P. G is the plaintiff who is the tenant of defendant Sunil Kumar K.C. The plaintiff alleges that the defendant is attempting to unlawfully evict him from the property without due process.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of declaration is passed declaring that the plaintiff in his status as a tenant is entitled for protection under the Kerala Buildings (Lease and Rent Control) Act.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff is entitled to continue in possession of the rented property unless evicted through legal process, and granted a permanent injunction against the defendant.
Why Plaintiff Won:
The plaintiff established a case by preponderance of probabilities showing that he is entitled to relief under the Rent Control Act.
The plaintiff established a case by preponderance of probabilities showing that he is entitled to relief under the Rent Control Act.
Losing Side's Weaknesses:
The plaintiff established a case by preponderance of probabilities showing that he is entitled to relief under the Rent Control Act.
The plaintiff established a case by preponderance of probabilities showing that he is entitled to relief under the Rent Control Act.
Supporting Evidence
The plaintiff, through the evidence on record, has established a case by preponderance of probabilities that warrant grant of declaration and injunction as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: (a) A decree of declaration is passed declaring that the plaintiff in his status as a tenant as per the rent agreement dated 07.07.2024 is entitled for protection under the Kerala Buildings (Lease and Rent Control) Act and to continue in possession unless and until he is evicted through due process under the said Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abhilash P. G
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunil Kumar K.C
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Fazil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju Thaliath
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.R Sunil
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jithin Paul Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prabitha C
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fadil Fazil
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Jayachandran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshya Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.P Wilson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rose Michael
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Michael Paul Chittinappilly
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Meeramol Jiji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the plaintiff is entitled for protection under the Kerala Buildings (Lease and Rent Control) Act
Evidence:
A decree of declaration is passed declaring that the plaintiff in his status as a tenant as per the rent agreement dated 07.07.2024 is entitled for protection under the Kerala Buildings (Lease and Rent Control) Act and to continue in possession unless and until he is evicted through due process under the said Act.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from evicting the plaintiff
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendant, his men and agents from evicting the plaintiff from the plaint schedule shop room otherwise than through due process of law.
Relief Type:
Other
Outcome:
Granted
Description:
Parties to bear their respective costs
Evidence:
The parties are directed to suffer their respective costs to the suit.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked through the plaintiff's witness PW1 during the hearing
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Abhilash P. G vs Sunil Kumar K.C regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Abhilash P. G vs Sunil Kumar K.C regarding declaration and permanent prohibitory injunction.