Case Summary
Venugopalan Nair K. filed a suit against A.M. Shanavas and others for a temporary prohibitory injunction to prevent them from trespassing on his property. The defendants are tenants of the plaintiff and have been accused of misusing the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary prohibitory injunction restraining the defendants from trespassing on the petition B scheduled property. The petitioner's claim of ownership and the absence of rights for the defendants to use the property were upheld.
Why Plaintiff Won:
The petitioner demonstrated ownership and the lack of legal rights for the defendants to access the disputed property.
The petitioner demonstrated ownership and the lack of legal rights for the defendants to access the disputed property.
Losing Side's Weaknesses:
The petitioner demonstrated ownership and the lack of legal rights for the defendants to access the disputed property.
The petitioner demonstrated ownership and the lack of legal rights for the defendants to access the disputed property.
Supporting Evidence
Therefore the petitioner is entitled to seek a prohibitory injunction to protect his exclusive possession and enjoyment of the B-schedule property as the tenancy rights of the counter petitioners are confined solely to the shop rooms within the building.
Judgment Evidence:
In the result, the petition is allowed and a temporary prohibitory injunction is granted restraining the counter petitioners from trespassing or entering into petition B scheduled property, putting, leaving or disposing of any waste or garbage materials in the petition B scheduled property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Venugopalan Nair K.
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- A.M. Shanavas
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- A. Nizarudeen
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudevan. A.
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No.1777/1992, Certified copy of sale deed No.1998/1992, Copy of tax receipt, Copy of rent agreement in favour of the 1st defendant, Copy of rent agreement in favour of the 2nd defendant, Copy of rent agreement
Defendants Documents
Copy of plaint in OS 1994/2025, Order in IA No. 1/2025 in OS No. 1026/2025, Certified copy of Judgment in OP (DRT) No. 6 of 2019, Copy of petition in OP (DRT) No. 113 of 2017, Copy of Order issued by Special Tahasildar
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Marackal A. Gopalakrishnan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Jay Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Temporary prohibitory injunction against the counter petitioners from trespassing or using the petition B scheduled property.
Evidence:
In the result, the petition is allowed and a temporary prohibitory injunction is granted restraining the counter petitioners from trespassing or entering into petition B scheduled property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1777/1992 dated 15.06.1992 evidencing the petitioner's ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1998/1992 dated 02.07.1992 evidencing part of the petitioner's property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of tax receipt dated 10.07.2025, indicating the petitioner is paying land tax.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement in favour of the 1st defendant dated 01.07.2024.
Reference:
Ext.A4
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement in favour of the 2nd defendant dated 05.06.2025.
Reference:
Ext.A5
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement dated 23.07.2024.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report related to the property in question.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch pertaining to the commission report.
Reference:
Ext.C1(a)
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Copy of plaint in OS 1994/2025 filed by the first counter petitioner.
Reference:
Ext.B1
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order in IA No. 1/2025 in OS No. 1026/2025 dated 13.06.2025.
Reference:
Ext.B2
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified copy of Judgment in OP (DRT) No. 6 of 2019.
Reference:
Ext.B3
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Copy of petition in OP (DRT) No. 113 of 2017.
Reference:
Ext.B4
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of Order issued by Special Tahasildar dated 05.09.2024.
Reference:
Ext.B5
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 Venugopalan Nair K. vs A.M. Shanavas et al regarding temporary prohibitory injunction
Case Code Year
Case between Venugopalan Nair K. vs A.M. Shanavas et al regarding temporary prohibitory injunction