Case Summary
K M Babu, an electric contractor, seeks a temporary injunction against Vyapar Mandir Palarivattom Pvt. Ltd. and its directors to prevent unlawful eviction from his rented commercial space. The defendants claim that the plaintiff is a trespasser and deny any tenancy agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from forcibly evicting the plaintiff from the rented room.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for temporary injunction, restraining the defendants from forcibly evicting the plaintiff from the rented premises until the suit is resolved. The plaintiff must pay outstanding rent within 30 days.
Why Plaintiff Won:
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
Losing Side's Weaknesses:
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
Supporting Evidence
In these circumstances, in the absence of any contra materials on record, this court is of the view that the petitioner has established a prima facie case.
Judgment Evidence:
In the result, the petition is allowed as follows: 1) Petition is allowed. 1st respondent is restrained by temporary injunction from forcibly evicting plaintiff from plaint B schedule room and also from interfering with the petitioner's peaceful possession, use and enjoyment over the petition schedule property without due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K M Babu
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vyapar Mandir Palarivattom Pvt. Ltd.
- Relation
- represented by its Managing Director
- Party Role
- Defendant
- Party Name
- Babu Foustin Nanat Antony
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V D Viju
- Relation
- S/o
Plaintiffs Documents
True copies of Rental receipts (32 nos.), True copies of Electricity bills (2 nos.), True copy of Complaint
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Itlal C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Beena N Kartha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arunchand
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Majid K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gopika Gopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Poornima Rajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Philip T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Achu Shuba Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gayathri Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kalyani G Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Urmila M G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thahseem A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vishnu Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rineesha Rajkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aravind Samson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining defendants from forcibly evicting the plaintiff.
Evidence:
The petition is allowed. 1st respondent is restrained by temporary injunction from forcibly evicting plaintiff from plaint B schedule room and also from interfering with the petitioners peaceful possession, use and enjoyment over the petition schedule property without due process of law.
Relief Type:
Other
Outcome:
Granted
Description:
Direction to pay monthly rent arrears of Rs.49,280 within 30 days.
Evidence:
The petitioner is directed to pay to the monthly rent arrears of Rs.49,280 which is due as on August 2025.
Relief Type:
Other
Outcome:
Granted
Description:
Affidavit undertaking to pay ongoing rent timely.
Evidence:
The petitioner shall file an affidavit stating that he shall undertake to continue to pay the rent at the rate of Rs.1,540 per month.
Documents & Evidence
Document Type:
Rental receipts
Submitted By:
Plaintiff
Relevance:
True copies of rental receipts were used to establish the plaintiff's payment of rent.
Reference:
Ext.A1
Document Type:
Electricity Bills
Submitted By:
Plaintiff
Relevance:
True copies of electricity bills were presented as evidence.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
A true copy of the complaint was submitted to support the plaintiff's claims.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report was referenced to discuss the condition and occupation of the premises.
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
Non-payment of rent
Case Code
Case between K M Babu vs Vyapar Mandir Palarivattom Pvt. Ltd. et al regarding temporary injunction
Case Code Year
Case between K M Babu vs Vyapar Mandir Palarivattom Pvt. Ltd. et al regarding temporary injunction