Case Summary
Sajna, the plaintiff, is seeking an interim injunction against Deepa Mary, the defendant, who is attempting to evict Sajna from her rented premises. The matter involves disputes over the validity of the rental agreement and allegations of illegal activities.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's application for an interim injunction and allowed the defendant's request to set aside the previous injunction order. The defendant is recognized as the rightful owner of the property.
Key Reasoning:
The plaintiff misled the court in obtaining the injunction by suppressing material facts and not complying with lease terms.
The plaintiff misled the court in obtaining the injunction by suppressing material facts and not complying with lease terms.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The conduct of the plaintiff, being in violation of the terms of the rental agreement and tainted with suppression and illegality, disentitles her from claiming the equitable relief of injunction.
Judgment Evidence:
In the result, IA No. 1/2024 is dismissed. IA No. 4/2025 is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajna
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Deepa Mary
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Photocopy of rent agreement
Defendants Documents
Notarised copy of sale deed No. 138/2018, Land Tax Receipt, Building certificates, Copy of commission report.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dileep S. Pattathanam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G. Krishna Priya
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S. Sam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Seeking an interim injunction order restraining the defendant from evicting the plaintiff.
Evidence:
It is found that the plaintiff is not entitled to obtain an interim injunction order against the defendant.
Relief Type:
Setting Aside Injunction
Outcome:
Granted
Description:
Defendant's application to set aside the interim injunction order.
Evidence:
The application filed by the defendant to set aside the interim injunction order and to restore the defendant's full rights of ownership, possession, and enjoyment over the entire property is allowed till the disposal of the suit.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff had taken on rent only two shop rooms, Nos. 109 and 110 for conducting a broiler chicken outlet.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document shows that the defendant and her husband are the absolute owners in possession of 5.8 ares of land.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This receipt verifies the tax status of the property in question.
Reference:
Ext.B2
Document Type:
Building Certificate
Submitted By:
Defendant
Relevance:
This certificate verifies the structural status of the property.
Reference:
Ext.B3
Document Type:
Building Certificate
Submitted By:
Defendant
Relevance:
This certificate verifies the structural status of the property.
Reference:
Ext.B4
Document Type:
Building Certificate
Submitted By:
Defendant
Relevance:
This certificate verifies the structural status of the property.
Reference:
Ext.B5
Document Type:
Acknowledgement
Submitted By:
Defendant
Relevance:
This document is related to the application made to the municipal corporation.
Reference:
Ext.B6
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice was issued by the Kollam Municipal Corporation.
Reference:
Ext.B7
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This notice is a reply from the Chief Minister’s Office regarding complaints.
Reference:
Ext.B8
Document Type:
Complaint receipt
Submitted By:
Defendant
Relevance:
This is a receipt of a complaint filed against the plaintiff.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
This report was prepared and submitted by R. Manu regarding the premises.
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was prepared and submitted by Adv. Alex T. George.
Reference:
C1
Document Type:
Mahazer
Submitted By:
Court
Relevance:
This document details the observations made during the commission.
Reference:
C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch provides a visual representation of the property in question.
Reference:
C1(b)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Breach of lease agreement
Case Code
OS.
Case Code Year
2024