Case Summary
Ayyappan, the petitioner, claims to be the statutory tenant of a property he uses for his scrap business. The defendants assert they purchased the property at auction and are seeking to evict him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad interim injunction made absolute.
Case Type
Civil Suit
Final Judgment
No
The court granted the petitioner's request for an ad interim injunction, preventing the defendants from evicting him from the property until the matter could be resolved.
Why Plaintiff Won:
The petitioner has made out a prima facie case in his favour and the balance of convenience lies in his favour.
The petitioner has made out a prima facie case in his favour and the balance of convenience lies in his favour.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is revealed that the petitioner is conducting the scarp business in the building in the petition schedule property as a tenant and being in possession of the same as a tenant.
Judgment Evidence:
In the result, the ad interim injunction ordered in IA 1/2022 dated 19.01.2022 is hereby made absolute.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayyappan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ivin Prabhu
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V. Iyyathurai
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas Cherian
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Lease agreement, Professional tax receipts, Demand notice from Thiruvananthapuram Corporation, Original Electricity receipt
Defendants Documents
Copy of General Power of Attorney, Photocopy of sale certificate, Order in MC 631/21 of Chief Magistrate Court Thiruvananthapuram, Letter issued from Indian Overseas Bank
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vembayam A.A Hakkim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. D. Siva Prakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Petitioner sought an ad interim injunction against eviction.
Evidence:
Hence the ad interim injunction granted in IA.1/2022 dated 19.01.2022 is liable to be made absolute.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Proves the tenancy of the petitioner over the property since 1995.
Reference:
Ext.A1
Document Type:
Professional tax receipt
Submitted By:
Plaintiff
Relevance:
Establishes that the petitioner has been conducting business in the building.
Reference:
Ext.A2
Document Type:
Professional tax receipt
Submitted By:
Plaintiff
Relevance:
Provides proof of business conducted by the petitioner in the property.
Reference:
Ext.A3
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Shows the petitioner's address and confirms his business activities.
Reference:
Ext.A4
Document Type:
Electricity Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the petitioner's occupation of the property.
Reference:
Ext.A5
Document Type:
Professional tax receipt
Submitted By:
Plaintiff
Relevance:
Further establishes the petitioner's business presence.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Confirms the petitioner's activities related to the water authority.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Shows that the defendant has the authority related to the property.
Reference:
Ext.B1
Document Type:
Sale Certificate
Submitted By:
Defendant
Relevance:
Establishes the defendants' ownership of the property.
Reference:
Ext.B2
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Confirms the possession was handed over to the defendants.
Reference:
Ext.B3
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Documents the physical possession of the property.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Confirms the petitioner's business operations at the property.
Reference:
Ext.C1
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
OS.NO.
Case Code Year
2022