Case Summary
The plaintiffs, Abdul Rahim and Abdul Latheef, claim ownership of property and seek a mandatory injunction against the defendant, Suneesh.S.Anand, related to a lease agreement that they argue is void due to non-compliance. The defendant contends the suit is not maintainable, citing issues with the lease's validity and a claim for a refund of a security deposit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are allowed to recover costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed, declaring that the lease covered by Ext.A1 stands determined, allowing the plaintiffs to recover costs from the defendant.
Why Plaintiff Won:
The lease agreement was determined and no valid claims from the defendant were established.
The lease agreement was determined and no valid claims from the defendant were established.
Losing Side's Weaknesses:
The lease agreement was determined and no valid claims from the defendant were established.
The lease agreement was determined and no valid claims from the defendant were established.
Supporting Evidence
It is to be noted that in Ext.A1, there is no mention of any such deposit of money paid by the defendant to the plaintiffs. There is no other evidence offered before the Court to prove or probablise the contention of the defendant.
Judgment Evidence:
In the result, the suit is decreed in part with costs: 1.It is hereby declared that the lease covered by Ext.A1 stands determined.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Rahim
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Latheef
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suneesh.S.Anand
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Lease Deed No.2366/2011, Encumbrance Certificate, Copy of Legal Notice, Postal Receipt, Acknowledgment Card, Copy of Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jobin Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pulari.D.R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Thirumala.P.K.Mani
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Requested to prevent the defendant from entering the property and removing the lease document from the records.
Evidence:
It is hereby declared that the lease covered by Ext.A1 stands determined.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The lease deed establishing the relationship between the plaintiffs and the defendant, which the court determined stood determined.
Reference:
Ext.A1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Used to show the status of the property and confirm that the lease was not actively in force.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Provided evidence of the plaintiff's demand for action from the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Served as proof of sending the legal notice.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Demonstrated acknowledgment of receipt related to the legal notices sent.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Indicated the payment of tax for the property which the plaintiffs owned.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2021