Case Summary
Sahir M.H. filed a suit against the Kerala Small Industries Development Corporation Limited regarding a dispute about the outright sale and eviction from a shed he rented for his cattle feed production business. The case addresses the plaintiff's rights as a tenant and disputes over the property ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favor of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, preventing the defendant from forcefully evicting him from the plaint schedule shed.
Why Plaintiff Won:
The plaintiff was found to be in possession of the shed, and the court ruled that he cannot be evicted forcefully.
The plaintiff was found to be in possession of the shed, and the court ruled that he cannot be evicted forcefully.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence adduced by PW1 and PW2 and Ext.C1 would go to show that plaintiff is now possessing the plaint schedule shed and running business of cattle feed production unit.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant is restrained from forcefully evicting the plaintiff from the plaint schedule shed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sahir M.H.
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala Small Industries Development Corporation Limited (SIDCO)
- Relation
- Represented by
Plaintiffs Documents
Entrepreneurs’ Memorandum For Setting Up Micro,Small or Medium Enterprise, Receipt No. 2606, Receipt No. 2607, Final Notice No. MIE/VKLA/ 4821/ 200, Bill No. 144518078, Receipt No. C 1145254012618
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Suresh Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. G. Vinod
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Granting a permanent prohibitory injunction against the forceful eviction of the plaintiff from the plaint schedule shed.
Evidence:
the court is of the view that a permanent prohibitory injunction is to be granted against forceful eviction.
Documents & Evidence
Document Type:
Entrepreneurs’ Memorandum For Setting Up Micro,Small or Medium Enterprise
Submitted By:
Plaintiff
Relevance:
Document related to the establishment of the business by the plaintiff.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued for a payment made by the plaintiff to the defendant.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Additional receipt issued for another payment made by the plaintiff.
Reference:
Ext.A3
Document Type:
Final Notice
Submitted By:
Plaintiff
Relevance:
Final notice given to the plaintiff regarding outstanding payment.
Reference:
Ext.A4
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
Bill issued for utility charges relevant to the location of the plaint schedule shed.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for payment related to electricity charges by KSEB.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reported findings by the advocate commissioner concerning the plaint schedule shed.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Sahir M.H. vs Kerala Small Industries Development Corporation Limited regarding permanent prohibitory injunction
Case Code Year
Case between Sahir M.H. vs Kerala Small Industries Development Corporation Limited regarding permanent prohibitory injunction