Case Summary
This case involves a suit filed by M/s. Radiant Distribution System against Mohammed Bashir for a permanent prohibitory injunction to prevent forcible eviction from a rented shop room. The plaintiffs argue that they have been paying rent and have a valid rental agreement, while the defendant claims the plaintiffs violated the agreement by not paying the increased rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from forcibly evicting the plaintiffs from the plaint schedule shop room.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, restraining the defendant from forcibly evicting them or disturbing their peaceful possession of the rented shop room.
Why Plaintiff Won:
The plaintiffs proved their apprehension of being forcibly evicted, which was supported by the existence of a valid rental agreement.
The plaintiffs proved their apprehension of being forcibly evicted, which was supported by the existence of a valid rental agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs have proved their apprehension that the defendant might forcefully evict them from the plaint schedule building. Moreover, the defendant had initiated proceedings under Kerala Building Lease and Rent Control Act before the Hon’ble Rent Control Court, Thiruvananthapuram.
Judgment Evidence:
In the result, O.S.243/2019 and O.S.244/2019 is decreed as follows: The defendant in OS.243/2019 and O.S.244/2019 is restrained from forcibly evicting the plaintiffs from the plaint schedule shop room, from disturbing the peaceful possession of the plaintiff in the plaint schedule shop room and from preventing the enjoyment of the basic amenities enjoyed by the plaintiffs in the plaint schedule shop room otherwise than due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Radiant Distribution System
- Relation
- represented by
- Party Role
- Plaintiff
- Party Name
- S.Vijayakumar
- Party Age
- 67
- Relation
- Managing Partner
- Party Role
- Defendant
- Party Name
- Mohammed Bashir
- Party Age
- 71
Plaintiffs Documents
Original Statement of Account of Central Bank of India (01.08.2018 to 30.11.2018), The e-mail of Re: Three months notice to vacate shops at Taj Arcade.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Muralidharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jaideep G.Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Arun G. Bal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Prabhu Vijayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Aravind.J.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendant from forcibly evicting the plaintiffs from the plaint schedule shop room.
Evidence:
In the result, O.S.243/2019 and O.S.244/2019 is decreed as follows: The defendant in OS.243/2019 and O.S.244/2019 is restrained from forcibly evicting the plaintiffs from the plaint schedule shop room.
Documents & Evidence
Document Type:
Original Statement Of Account
Submitted By:
Plaintiff
Relevance:
Document evidencing the financial transactions and payments made by the plaintiff.
Reference:
Ext.A1
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Document related to the demand for vacant possession of the shop room by the defendant.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between M/s. Radiant Distribution System vs Mohammed Bashir regarding permanent prohibitory injunction
Case Code Year
Case between M/s. Radiant Distribution System vs Mohammed Bashir regarding permanent prohibitory injunction