Case Summary
R. Aravind, a tenant, is involved in a suit against his landlord, Shaini Vijay, over the wrongful demand for eviction from a rented shop room. The plaintiff claims that the defendant is making illegal demands and threatening eviction despite the plaintiff having no rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from forcibly evicting the plaintiff from the plaint schedule property/shoproom other than due process of law. The plaintiff is allowed to realise the cost of the suit from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to remain in the shop room and preventing the defendant from evicting him without due process of law. The defendant was also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff established his case warranting the grant of the relief sought for based on uncontroverted testimony and presented documents.
The plaintiff established his case warranting the grant of the relief sought for based on uncontroverted testimony and presented documents.
Losing Side's Weaknesses:
The plaintiff established his case warranting the grant of the relief sought for based on uncontroverted testimony and presented documents.
The plaintiff established his case warranting the grant of the relief sought for based on uncontroverted testimony and presented documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A5, A5 (series) and A6 and A6 (series) documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: 1. The defendant is restraining from forcibly evicting the plaintiff from the plaint schedule property/shoproom other than due process of law. 2. The plaintiff is allowed to realise the cost of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- R. Aravind
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaini Vijay
- Party Age
- 45
- Relation
- Do
Plaintiffs Documents
Copy of Rental Agreement, Copy of Police Complaint, Original Tax Receipt, Professional Tax Receipt, Counter files (13 Nos)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Anil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from forcibly evicting the plaintiff from the plaint schedule property/shoproom other than due process of law.
Evidence:
In the result, the suit decreed with costs as follows: 1. The defendant is restraining from forcibly evicting the plaintiff from the plaint schedule property/shoproom other than due process of law.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realise the cost of the suit from the defendants.
Evidence:
2. The plaintiff is allowed to realise the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the tenancy of the plaintiff in the shop room.
Reference:
Ext.A1
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claims regarding threats and trespasses.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of tax payments related to the business.
Reference:
Ext.A3
Document Type:
Professional tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim regarding the legitimacy of his business.
Reference:
Ext.A4
Document Type:
Counter files
Submitted By:
Plaintiff
Relevance:
This document set provides supporting evidence related to the plaintiff's case.
Reference:
Ext.A5 (series)
Document Type:
Receipt of Google pay transaction
Submitted By:
Plaintiff
Relevance:
This document shows financial transactions relevant to the business, although not fully accepted as evidence.
Reference:
Ext.A6 (series)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report indicates the existence of the plaintiff's business.
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
Case Code
Case between R. Aravind vs Shaini Vijay regarding permanent prohibitory injunction.
Case Code Year
Case between R. Aravind vs Shaini Vijay regarding permanent prohibitory injunction.