Case Summary
The petitioners Anilkumar Palathinkal and Mrs. Cicily George filed for eviction against the respondents M.R.Prasad Kumar and Beena Prasad Kumar under the Kerala Buildings (Lease and Rent Control) Act. The court found that the respondents did not comply with previous orders regarding rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to put the petitioner in vacant possession of the building forthwith
Case Type
Rent Control Petition
Final Judgment
No
The court found the respondents liable for failing to comply with the orders related to rent payment. Consequently, the court ordered the respondents to vacate the property.
Why Plaintiff Won:
The respondents failed to comply with court orders regarding rent arrears.
The respondents failed to comply with court orders regarding rent arrears.
Losing Side's Weaknesses:
The respondents failed to comply with court orders regarding rent arrears.
The respondents failed to comply with court orders regarding rent arrears.
Supporting Evidence
The petitioner also filed an affidavit of non-compliance of said orders by the respondent. Till date, the respondent has not complied with the orders in IA 10/2025 and IA 12/2025 or filed any show cause.
Judgment Evidence:
Hence an order is passed under Section 12(3) of the Act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building forthwith.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anilkumar Palathinkal
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Cicily George
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.R.Prasad Kumar
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Beena Prasad Kumar
- Relation
- W/o
Plaintiffs Documents
Affidavit of non-compliance
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Midheen Baby John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrin Fathima
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.U. Hari Krishna
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sanjana Sara Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The court directed the respondent to put the petitioner in vacant possession of the building.
Evidence:
Hence an order is passed under Section 12(3) of the Act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building forthwith.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Anilkumar Palathinkal et al vs M.R.Prasad Kumar et al regarding eviction
Case Code Year
Case between Anilkumar Palathinkal et al vs M.R.Prasad Kumar et al regarding eviction