Case Summary
The plaintiff, Sree Padmanabha Swamy Temple, is seeking a mandatory injunction to evict the defendant, R.Sukumaran Nair, from a shop room. The plaintiff claims that the defendant has occupied the shop without legal permission after the lease was terminated.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to surrender the vacant possession of the plaint schedule shop room within a period of two months from the date of this judgment.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to vacate the shop room within two months.
Why Plaintiff Won:
The plaintiff has established a landlord-tenant relationship and the defendant's occupation was deemed illegal.
The plaintiff has established a landlord-tenant relationship and the defendant's occupation was deemed illegal.
Losing Side's Weaknesses:
The plaintiff has established a landlord-tenant relationship and the defendant's occupation was deemed illegal.
The plaintiff has established a landlord-tenant relationship and the defendant's occupation was deemed illegal.
Supporting Evidence
The defendant cannot claim any legal or settled possession over the plaint schedule property, and the plaintiff is entitled to get a decree of mandatory injunction against the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is directed to surrender the vacant possession of the plaint schedule shop room within a period of two months from the date of this judgment, failing which the plaintiff shall have recourse to the process of law for recovering its possession from the defendant through Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Padmanabha Swamy Temple
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- R.Sukumaran Nair
- Relation
- S/o Late Ramakrishna Pillai
Plaintiffs Documents
Copy of Advocate notice dated 02/08/2021, Copy of Kerala Gazette published by Government of Kerala.
Defendants Documents
Copy of receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B.Vasudevan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S.Sakthidharan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff prayed for a mandatory injunction directing the defendant to quit and vacate the shop room.
Evidence:
Hence these issues are found in favour of the plaintiff and the suit is liable to be decreed.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of possession of the shop room along with mesne profit.
Evidence:
The plaintiff is entitled to realize the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Copy of Injunction suit
Submitted By:
Plaintiff
Relevance:
This document contains the details of the injunction suit filed by the plaintiff against the defendant.
Reference:
Ext.A1
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff to the defendant demanding vacant possession of the shop room.
Reference:
Ext.A2
Document Type:
Copy of Kerala Gazette
Submitted By:
Plaintiff
Relevance:
The gazette published by the Government of Kerala that may pertain to regulations affecting the property.
Reference:
Ext.A3
Document Type:
Copy of land tax and sketch receipts
Submitted By:
Plaintiff
Relevance:
This document provides evidence supporting the plaintiff's claim to the property.
Reference:
Ext.A4
Document Type:
Copy of receipts
Submitted By:
Defendant
Relevance:
These receipts demonstrate the payment of rent by the defendant to the plaintiff, supporting the tenant-landlord relationship.
Reference:
Ext.B1 to B4
Document Type:
Copy of reply letter
Submitted By:
Defendant
Relevance:
This letter relates to the correspondence between the parties regarding the property and its possession.
Reference:
Ext.B5
Document Type:
Copy of notice
Submitted By:
Defendant
Relevance:
A notice issued by the plaintiff to the defendant, reinforcing the claim for possession.
Reference:
Ext.B6
Document Type:
Copy of Letter
Submitted By:
Defendant
Relevance:
This letter pertains to the realization of arrears of rent.
Reference:
Ext.B7
Document Type:
Copy of Letter
Submitted By:
Defendant
Relevance:
Further correspondence related to the defendant's occupancy of the shop room.
Reference:
Ext.B8
Document Type:
Copy of Corporation tax receipts
Submitted By:
Defendant
Relevance:
These receipts are evidence of tax payments related to the property in question.
Reference:
Ext.B9 to B10
Document Type:
Original Corporation tax receipt
Submitted By:
Defendant
Relevance:
More evidence of tax obligations concerning the property.
Reference:
Ext.B11 to B12
Document Type:
Carbon copy of receipts
Submitted By:
Defendant
Relevance:
Documentation of payments made, relevant to establishing the rental history.
Reference:
Ext.B13 to B20
Document Type:
Copy of KSEB bill
Submitted By:
Defendant
Relevance:
Electricity bill indicating the utility service connected to the property.
Reference:
Ext.B21
Document Type:
Copy of BSNL bill
Submitted By:
Defendant
Relevance:
Bills pertinent to the telecommunications service associated with the property.
Reference:
Ext.B22 to B24
Document Type:
Copy of Bank Account details
Submitted By:
Defendant
Relevance:
This document provides financial details related to the transactions between the parties.
Reference:
Ext.B25
Document Type:
Copy of judgment in OS.281/2012
Submitted By:
Defendant
Relevance:
A previous judgment relevant to the defendant's claims against the plaintiff regarding possession.
Reference:
Ext.B26
Document Type:
Original Bank passbook
Submitted By:
Defendant
Relevance:
Evidence of financial transactions relevant to the rental payments.
Reference:
Ext.B27
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Sree Padmanabha Swamy Temple vs R.Sukumaran Nair regarding mandatory injunction and recovery of possession
Case Code Year
Case between Sree Padmanabha Swamy Temple vs R.Sukumaran Nair regarding mandatory injunction and recovery of possession