Case Summary
K.B. Ajikumar, the plaintiff, seeks to prevent Prem Rishikumaran, the defendant, from unlawfully evicting him from the rented building where he operates his office. The dispute arises from alleged rental arrears and the conditions surrounding a rent agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The plaintiff is directed to deposit the admitted arrears of rent within 15 days, failing which the injunction order will be vacated. No costs have been ordered.
Key Reasoning:
The petitioner failed to demonstrate that there are no arrears of rent, which is essential for granting an injunction.
The petitioner failed to demonstrate that there are no arrears of rent, which is essential for granting an injunction.
Why Defendant Won:
The petitioner failed to demonstrate that there are no arrears of rent, which is essential for granting an injunction.
The petitioner failed to demonstrate that there are no arrears of rent, which is essential for granting an injunction.
Supporting Evidence
It is prima facie satisfied that there exists arrears of rent as claimed by the respondent. Hence the petitioner/original plaintiff is directed to deposit the admitted arrears of rent.
Judgment Evidence:
In the result, the petitioner is directed to deposit arrears of rent within 15 days from date of order. On the failure of which the ad interim injunction order dated 28/09/2022 is liable to be vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.B. Ajikumar
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prem Rishikumaran
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 01/09/2023, Affidavit regarding maintenance expenditure.
Defendants Documents
Objections to the application, Evidence of rental arrears.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A. Santhosh puthussery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Sri. Ratheesh Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Smt. Roshna Retnakar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Saseendrakumary
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
Petitioner is directed to deposit arrears of rent within 15 days from date of order to maintain injunction.
Evidence:
the petitioner is directed to deposit the admitted arrears of rent within 15 days from date of order.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between K.B. Ajikumar vs Prem Rishikumaran regarding unlawful eviction
Case Code Year
Case between K.B. Ajikumar vs Prem Rishikumaran regarding unlawful eviction