Case Summary
The plaintiffs, Aswathy Razak M and Baby Latha Razak, are seeking a permanent prohibitory injunction against the defendants, Habsiba and Samuel Dev. The case revolves around the eviction attempts by the defendants and obstruction of water facilities in the rented properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to restore water connection and permanent prohibitory injunction against trespassing.
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to restore the water connection and refrained them from interfering with the plaintiffs' peaceful occupation of the properties. The suit is decreed with costs as per the terms mentioned.
Why Plaintiff Won:
Plaintiffs' unchallenged evidence proved their case.
Plaintiffs' unchallenged evidence proved their case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiffs unchallenged evidence proves their case and they are entitled to a decree of permanent prohibitory injunction as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs as per the following terms: a) The defendants are directed by a decree of mandatory injunction to restore the water connection by replacing the water tank which was available in the plaint schedule properties. b) The defendants and their agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties and evicting the plaintiffs by force otherwise on due process of law or from causing any disturbance or obstruction to the peaceful occupation of the plaint schedules.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aswathy Razak M
- Party Age
- 29
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Baby Latha Razak
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Habsiba
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Samuel Dev
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Lease agreement dated 10.11.2014, Legal notice dated 29.10.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajaprathap S J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiffs sought a permanent prohibitory injunction to prevent the defendants from evicting them and obstructing their peaceful occupation of the property.
Evidence:
The plaintiffs unchallenged evidence proves their case and they are entitled to a decree of permanent prohibitory injunction as sought for.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The plaintiffs sought a mandatory injunction for the defendants to restore the water connection by replacing the water tank.
Evidence:
The defendants are directed by a decree of mandatory injunction to restore the water connection by replacing the water tank which was available in the plaint schedule properties.
Documents & Evidence
Document Type:
Copy of Original Petition
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's case regarding the eviction proceedings initiated by the defendants.
Reference:
Ext.A1
Document Type:
Copy of Objection
Submitted By:
Plaintiff
Relevance:
This document is the objection filed by the plaintiffs in response to the eviction petition.
Reference:
Ext.A2
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
This document outlines the plaintiff's petition concerning the second eviction proceeding.
Reference:
Ext.A3
Document Type:
Copy of Objection
Submitted By:
Plaintiff
Relevance:
This document represents the objection filed against the second eviction petition.
Reference:
Ext.A4
Document Type:
Copy of Lease Agreement
Submitted By:
Plaintiff
Relevance:
This lease agreement indicates the terms under which the plaint A and B schedule shop rooms were rented.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This legal notice highlights a complaint issued against the first plaintiff regarding the rental agreement.
Reference:
Ext.A6
Document Type:
Copy of Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document contains the lease agreement for the second plaintiff concerning plaint B.
Reference:
Ext.A7
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
This legal notice addresses issues concerning the second plaintiff.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report likely provides findings relevant to the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch provides a visual reference for the court regarding the property in question.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Aswathy Razak M vs Habsiba regarding Permanent prohibitory injunction
Case Code Year
Case between Aswathy Razak M vs Habsiba regarding Permanent prohibitory injunction