Case Summary
Sojan Augustine, a tenant, filed a suit against Nimmy George and Tom George, seeking a permanent prohibitory injunction to prevent their forceful eviction from the property he leased. Disputes arose over the tenancy, with allegations from both parties regarding forgery and mismanagement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Permanent prohibitory injunction restraining the plaintiff from further trespassing or interference.
Case Type
Civil Suit
Final Judgment
No
The court dismissed both O.S. 459/2020 and O.S. 941/2020 but decreed in part the counterclaim, restraining the plaintiff from further trespassing or interfering with the defendants' peaceful possession.
Key Reasoning:
The plaintiff failed to prove tenancy and possession of the property as claimed.
The plaintiff failed to prove tenancy and possession of the property as claimed.
Why Defendant Won:
The plaintiff failed to prove tenancy and possession of the property as claimed.
The plaintiff failed to prove tenancy and possession of the property as claimed.
Supporting Evidence
The plaintiff has failed to prove to the satisfaction of this court that he was a tenant of the defendant, to which he traces his possession in plaint schedule building.
Judgment Evidence:
In the result, O.S. 459/2020 and O.S. 941/2020 are dismissed and counterclaim in O.S. 459/2020 is decreed in part as follows. 1) The plaintiff is restrained from further trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sojan Augustine
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nimmy George
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Tom George
- Relation
- S/o
Plaintiffs Documents
True copy of caveat filed by first defendant, office copy of lawyer notice.
Defendants Documents
Certified copy of FIR in crime no. 597/2020, Certified copy of FIR in crime no. 835/2020.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joby Jacob Pulickapady
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dajish John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Reji George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.P.Sreenivasan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.Harigovind Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Manju Mohana
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sai Sankar S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint from further trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Evidence:
Defendant is found entitled for the relief of permanent prohibitory injunction, restraining the plaintiff from trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Relief Type:
Other
Outcome:
Not Decided
Description:
Claims for other reliefs made by the plaintiff.
Evidence:
Plaintiff is found not entitled for the reliefs sought for.
Documents & Evidence
Document Type:
Caveat
Submitted By:
Plaintiff
Relevance:
True copy of caveat filed by first defendant.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice.
Reference:
Ext.A3
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Certified copy of FIR in crime no. 597/2020.
Reference:
Ext.B1
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Certified copy of FIR in crime no. 835/2020.
Reference:
Ext.B2
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 Sojan Augustine vs Nimmy George et al regarding prohibitory injunction from forceful eviction.
Case Code Year
Case between Sojan Augustine vs Nimmy George et al regarding prohibitory injunction from forceful eviction.