Case Summary
The petitioner, Farooq, seeks a temporary injunction to prevent the respondents from evicting him from a property he has leased for his business until the resolution of the main suit. The respondents, Adnan and Safiyullah, have disputed the petitioner's claims and contest the validity of the lease agreements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A temporary injunction restraining the respondents from forcefully evicting the petitioner from the petition schedule building till the disposal of the suit.
Case Type
Injunction
Final Judgment
No
The court has granted the temporary injunction requested by the petitioner, preventing the respondents from evicting him until the main suit is resolved.
Why Plaintiff Won:
The court found a prima facie case, and balance of convenience favored the petitioner as eviction would cause irreparable loss.
The court found a prima facie case, and balance of convenience favored the petitioner as eviction would cause irreparable loss.
Losing Side's Weaknesses:
The court found a prima facie case, and balance of convenience favored the petitioner as eviction would cause irreparable loss.
The court found a prima facie case, and balance of convenience favored the petitioner as eviction would cause irreparable loss.
Supporting Evidence
On the basis of the above discussion, this court is having no hesitation to conclude that prima facie case and balance of convenience is in favour of the petitioner.
Judgment Evidence:
In the result, petition allowed as follows: 1. A temporary injunction is granted in favour of the petitioner and respondents are restrained from forcefully evicting the petitioner from the petition schedule building till the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Farooq
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Adnan
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safiyullah
- Party Age
- 65
- Relation
- s/o
Plaintiffs Documents
Rent agreements dated 5/11/2023 and 14/02/2024, IFTE & OS license issued by Varkala Municipality.
Defendants Documents
Sale deed No. 218/1978, Complaint to Secretary Varkala Municipality, Building tax receipt, Land tax receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Shibu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Jayakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
The court granted a temporary injunction restraining the respondents from forcefully evicting the petitioner from the petition schedule building.
Evidence:
In the result, petition allowed as follows: A temporary injunction is granted in favour of the petitioner and respondents are restrained from forcefully evicting the petitioner from the petition schedule building till the disposal of the suit.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
These documents are the rent agreements entered into between the petitioner and the respondents regarding the petition schedule buildings.
Reference:
Ext.A1 to A4
Document Type:
License
Submitted By:
Plaintiff
Relevance:
This document is the IFTE & OS license issued by Varkala Municipality in the name of the petitioner for conducting food/accommodation/hospitality services.
Reference:
Ext.A5
Document Type:
License
Submitted By:
Plaintiff
Relevance:
This document is a license issued by Varkala Municipality for the conduct of the resort.
Reference:
Ext.A6
Document Type:
License
Submitted By:
Plaintiff
Relevance:
This document is another license issued by Varkala Municipality in the name of the petitioner.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document is a receipt issued by Varkala Municipality for remitting fees for the financial year 2024-2025.
Reference:
Ext.A8
Document Type:
User fee card
Submitted By:
Plaintiff
Relevance:
This document is the user fee card of the 'Harithakarma sena' showing that the petitioner paid for taking the plastic waste from the resort.
Reference:
Ext.A9
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document shows the defendant's ownership of the petition schedule building.
Reference:
Ext.B1
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
This document indicates that the respondents filed a complaint against the granting of a license to 'Palm Beach Resort'.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This document is a building tax receipt showing the defendants' payment to Varkala Municipality.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document is a land tax receipt pertaining to the petition schedule building.
Reference:
Ext.B4
Document Type:
Caveat
Submitted By:
Defendant
Relevance:
This document is a caveat filed by the respondents.
Reference:
Ext.B5
Document Type:
Acknowledgement
Submitted By:
Defendant
Relevance:
This document is an acknowledgement related to the petition schedule building.
Reference:
Ext.B6
Document Type:
License
Submitted By:
Defendant
Relevance:
This document is a license issued by Varkala Municipality to the respondents.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document is the commission report filed by the advocate commissioner indicating the current possession of the petitioner.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This document is a rough sketch produced by the advocate commissioner related to the petition schedule building.
Reference:
Ext.C1(a)
Case Classification
Case Type
Injunction
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Farooq vs Adnan et al regarding temporary injunction against eviction
Case Code Year
Case between Farooq vs Adnan et al regarding temporary injunction against eviction