Case Summary
T.K.Shoukath Ali and others filed a suit against The Puthupallipuram SNDP Branch no. 219 and others seeking relief from forceful eviction from their rented business premises. The plaintiffs claim they are being coerced into paying increased rent without proper authority.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against forceful eviction
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiffs without due process of law. The court found that the plaintiffs had reason to fear illegal eviction.
Why Plaintiff Won:
The court determined that the plaintiffs were in settled possession and were entitled to protection against illegal eviction without due process.
The court determined that the plaintiffs were in settled possession and were entitled to protection against illegal eviction without due process.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that dispossession cannot be executed by means of force and a permanent prohibitory injunction is necessary to protect the plaintiffs’ interests.
Judgment Evidence:
In the result, the suit is decreed in part i. The defendants and their agents are restrained from forcefully evicting the plaintiffs from the plaint A, B and C schedule shop rooms unless in accordance with due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.K.Shoukath Ali
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ashraf U.V
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Sathar P.T
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Puthupallipuram SNDP Branch no. 219
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- SNDP Kanayannur taluk Union
- Relation
- represented by its General Secretary
- Party Role
- Defendant
- Party Name
- SNDP Yogam
- Relation
- represented by its General Secretary
Plaintiffs Documents
True copy of the Account statement issued by the Indian Overseas Bank, Edappally; Computer extract of the Google Pay receipt of Rs. 5,495/-.
Defendants Documents
Certified copy of the Judgment in OS 1569/15 passed by the Hon'ble Principal Munsiff Court, Ernakulam
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sushanth J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasanth V.C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prem Raj C.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Misna Saleem
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh Vijyendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Priyanka Gopi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aparna Shaji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.N.Rajan Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.R.Easwar Lal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs are granted an injunction restraining the defendants from forcefully evicting them from the shop rooms.
Evidence:
Therefore, a decree of permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiffs from the plaint schedule property can be granted as sought for.
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs sought a declaration regarding the validity of the managing committee of the first defendant.
Evidence:
In the said circumstance, the issue is found against the plaintiff.
Documents & Evidence
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Evidence of financial transactions related to rental payments.
Reference:
Ext.A1
Document Type:
Google Pay Receipt
Submitted By:
Plaintiff
Relevance:
Receipt showing payment made by the plaintiffs towards rent.
Reference:
Ext.A2
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Evidence supporting the election process of the defendant's management committee.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Forceful eviction
Case Code
Case between T.K.Shoukath Ali et al vs The Puthupallipuram SNDP Branch no. 219 et al regarding prohibitory injunction
Case Code Year
Case between T.K.Shoukath Ali et al vs The Puthupallipuram SNDP Branch no. 219 et al regarding prohibitory injunction