Case Summary
V.Vijayakumar, the plaintiff, seeks an injunction to stop R.Girish, the defendant, from forcibly evicting him from his leased business premises. The dispute centers around the tenancy rights and whether the plaintiff has been a lawful tenant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Injunction against forcible eviction
Case Type
Injunction
Final Judgment
No
The court granted the plaintiff an injunction preventing the defendant from forcibly evicting him from the premises.
Why Plaintiff Won:
The court found that the plaintiff is in lawful possession of the premises and that granting an injunction would prevent irreparable harm.
The court found that the plaintiff is in lawful possession of the premises and that granting an injunction would prevent irreparable harm.
Losing Side's Weaknesses:
The court found that the plaintiff is in lawful possession of the premises and that granting an injunction would prevent irreparable harm.
The court found that the plaintiff is in lawful possession of the premises and that granting an injunction would prevent irreparable harm.
Supporting Evidence
The court observed that the prima facie case is in favour of the petitioner/plaintiff and that the balance of convenience is also seen in his favour.
Judgment Evidence:
In the result, the petition is allowed as follows: The defendant/counter petitioner is restrained from forcibly evicting the petitioner/plaintiff from the plaint schedule property otherwise than through due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.Vijayakumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R.Girish
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Lease Deed dated 08/08/2022, Certificate of IFTE and OS license dated 01/04/2025, Registration Certificate dated 01/07/2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Nemom.B.Sanjeev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Vizhinjam N.R.Harikrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrained the defendant from forcibly evicting the plaintiff from the plaint schedule property.
Evidence:
The court is of the view that an injunction can be granted in this case.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Submitted as evidence of the rental agreement executed by the defendant in favor of the plaintiff.
Reference:
Ext.A1
Document Type:
Certificate of IFTE and OS License
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's legal occupation and business license for the premises.
Reference:
Ext.A2
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Provides proof of the business registered by the plaintiff.
Reference:
Ext.A3
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Further validates the business operations of the plaintiff.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of rental payment transactions.
Reference:
Ext.A5
Document Type:
Copy of agreement
Submitted By:
Plaintiff
Relevance:
Copies the rental agreement for reference.
Reference:
Ext.A6
Document Type:
Payment Voucher
Submitted By:
Plaintiff
Relevance:
Confirms the payment made by the plaintiff to the defendant.
Reference:
Ext.A7
Document Type:
KSEB Bill
Submitted By:
Plaintiff
Relevance:
Utility bill from KSEB to support the business operation at the premises.
Reference:
Ext.A8
Document Type:
KSEB Bill
Submitted By:
Plaintiff
Relevance:
Shows additional utility costs incurred by the plaintiff.
Reference:
Ext.A9
Document Type:
Account Summary of BSNL
Submitted By:
Plaintiff
Relevance:
Provides documentation of communication related expenses.
Reference:
Ext.A10
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Visual evidence related to the premises.
Reference:
Ext.A11
Document Type:
Commission Report and Sketch
Submitted By:
Court
Relevance:
Court's commissioned report relevant to the case details.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
OS.NO.
Case Code Year
2025