Case Summary
This case involves a counter claim for a permanent prohibitory injunction filed by Baby Girija against Gopalakrishnan. Baby Girija, a cancer patient, has been running a provision store but is facing threats from Gopalakrishnan to vacate the shop room.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The counterclaim defendant is directed to surrender the vacant possession of counterclaim schedule shop rooms to the counterclaim plaintiff within thirty days.
Case Type
Counter Claim
Final Judgment
No
The court has dismissed the suit for default and decreed the counterclaim in favor of Gopalakrishnan, directing Baby Girija to vacate the premises and pay outstanding rent.
Key Reasoning:
The counterclaim plaintiff established his case through unchallenged oral and documentary evidence.
The counterclaim plaintiff established his case through unchallenged oral and documentary evidence.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the counterclaim plaintiff/frst defendant, he has established his case.
Judgment Evidence:
In the result, the suit is dismissed for default. The counterclaim is decreed as follows: 1. The counterclaim defendant is directed to surrender the vacant possession of counterclaim schedule shop rooms to the counterclaim plaintiff within thirty days from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Girija
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Gopalakrishnan
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 03.04.2017, Copy of Advocate Notice.
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. P. Vijayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff requested permanent prohibitory injunction to prevent eviction.
Evidence:
The suit is dismissed for default.
Relief Type:
Recovery
Outcome:
Granted
Description:
Counterclaim plaintiff entitled to recover arrears of rent.
Evidence:
The counterclaim plaintiff is entitled to realize `64,400/- (Rupees Sixty Four Thousand and Four Hundred only) from counterclaim defendant as arrears of rent.
Relief Type:
Possession
Outcome:
Granted
Description:
Counterclaim defendant directed to surrender vacant possession of the shop rooms.
Evidence:
The counterclaim defendant is directed to surrender the vacant possession of counterclaim schedule shop rooms to the counterclaim plaintiff within thirty days from the date of this decree.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Evidence of rental agreement between the counterclaim plaintiff and defendant for the shop room.
Reference:
Ext.B1
Document Type:
Copy of Advocate Notice
Submitted By:
Defendant
Relevance:
Notice issued to the counterclaim defendant regarding the eviction.
Reference:
Ext.B2
Document Type:
Copy of License No. 46/2018/LE5/TEMP
Submitted By:
Defendant
Relevance:
License required for conducting business in the shop room.
Reference:
Ext.B3
Document Type:
Copy of Site plan
Submitted By:
Defendant
Relevance:
Site plan for the counterclaim shop room.
Reference:
Ext.B3(a)
Document Type:
Copy of inward No. 3626 dated 04-09-2018
Submitted By:
Defendant
Relevance:
Inward register document related to the premises.
Reference:
Ext.B3(b)
Document Type:
Copy of Form AE-5 (License for sale of fire Crackers)
Submitted By:
Defendant
Relevance:
Licenses for conducting cracker business.
Reference:
Ext.B3(c) & Ext.B3(d)
Document Type:
Copy of plan
Submitted By:
Defendant
Relevance:
Plan document related to the premises.
Reference:
Ext.B4
Document Type:
Copy of License Form LE5
Submitted By:
Defendant
Relevance:
License for conducting business.
Reference:
Ext.B5
Document Type:
Copy of report No. 8494 of Tahsildar, Varkala
Submitted By:
Defendant
Relevance:
Report related to the land from local authority.
Reference:
Ext.B5(l)
Document Type:
Copy of Rent agreement
Submitted By:
Defendant
Relevance:
Evidence of rental agreement for the counterclaim shop room.
Reference:
Ext.B6(a)
Case Classification
Case Type
Counter Claim
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Baby Girija vs Gopalakrishnan regarding permanent prohibitory injunction.
Case Code Year
Case between Baby Girija vs Gopalakrishnan regarding permanent prohibitory injunction.