Case Summary
The plaintiff, Sreejith N.U, is involved in a dispute with the defendants regarding a fitness center lease. The case is about preventing the defendants from evicting the plaintiff from the leased premises unlawfully.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against forceful eviction
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction, restraining the defendants from evicting the plaintiff from the fitness center without following due process of law.
Why Plaintiff Won:
The plaintiff was found to be in possession of the rented property, and the court deemed the eviction attempts unlawful.
The plaintiff was found to be in possession of the rented property, and the court deemed the eviction attempts unlawful.
Losing Side's Weaknesses:
The plaintiff was found to be in possession of the rented property, and the court deemed the eviction attempts unlawful.
The plaintiff was found to be in possession of the rented property, and the court deemed the eviction attempts unlawful.
Supporting Evidence
The plaintiff, who is in possession of the plaint schedule room, cannot be forcefully evicted otherwise than due process of law.
Judgment Evidence:
In the result, the suit is decreed as follows: the defendants and their men and agents are restrained by a decree of permanent prohibitory injunction from evicting the plaintiff from the plaint schedule room by force.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreejith N.U
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nineesh Thankachan
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph Martin
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Harikrishna Varma
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu Jacob
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, Copy of the Partnership Deed, Copy of the FIR No. 0011, Computer generated copy of the e-mail communication, Copy of the Petition in RCP No. 135/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajit G Anjarlekar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Surjith B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff requested a permanent prohibitory injunction restraining the defendants from evicting him forcibly from the plaint schedule room.
Evidence:
The plaintiff is entitled to get a decree of permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiff from the plaint schedule room, otherwise than in due process of law, as sought for.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes the power of attorney holder to conduct the case on behalf of the plaintiff.
Reference:
Ext.A1
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
This document outlines the partnership agreement of the plaintiff's fitness center.
Reference:
Ext.A2
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the police complaint filed regarding threats and intimidation.
Reference:
Ext.A3
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
This document is relevant as it pertains to the communication regarding the lease agreement.
Reference:
Ext.A4
Document Type:
Petition in Rent Control Case
Submitted By:
Plaintiff
Relevance:
This document is a petition that outlines the proceedings regarding eviction in a rent control case.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides findings relevant to the case from a court-appointed commissioner.
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 Sreejith N.U vs Joseph Martin et al regarding permanent prohibitory injunction
Case Code Year
Case between Sreejith N.U vs Joseph Martin et al regarding permanent prohibitory injunction