Case Summary
The petitioners, Ashok B. Shenoy and Neetha Ashok Shenoy, filed a Rent Control Petition against T.P. Raghunadh. The case involves the rental agreement and provisions under the Kerala Buildings (Lease and Rent Control) Act, 1965.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent shall vacate the petition schedule building by May 15, 2025, or the petitioners may execute a court order for eviction.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition after the parties reached an agreement during mediation. The respondent is directed to vacate the premises by May 15, 2025.
Why Plaintiff Won:
The mediation agreement was lawful and voluntarily entered into by both parties.
The mediation agreement was lawful and voluntarily entered into by both parties.
Losing Side's Weaknesses:
The mediation agreement was lawful and voluntarily entered into by both parties.
The mediation agreement was lawful and voluntarily entered into by both parties.
Supporting Evidence
This court is convinced that the parties have entered into the agreement voluntarily and signed by all the parties in the rent control petition. It shows that the rent is in arrears. The terms of the agreement are lawful, not opposed to public policy and hence the mediation agreement is accepted.
Judgment Evidence:
In the result, the rent control petition is allowed under section 11(2)(b) of the Act as follows: 1.The respondent is hereby directed to put the petitioner in possession of the petition schedule building on or before 15.05.2025, failing which the petitioner is at liberty to execute it through the process of court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashok B.Shenoy
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Neetha Ashok Shenoy
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- T.P. Raghunadh
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abu Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aju Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D. Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V. Gopakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building and surrender possession to the petitioners.
Evidence:
The respondent is hereby directed to put the petitioner in possession of the petition schedule building on or before 15.05.2025...
Documents & Evidence
Document Type:
Mediation Agreement
Submitted By:
Unknown
Relevance:
The court accepted the mediation agreement detailing the terms under which the respondent must vacate the building.
Reference:
null
Document Type:
Mediation Report
Submitted By:
Unknown
Relevance:
The court referred to the mediation report accompanying the Memorandum of Agreement.
Reference:
null
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 Ashok B.Shenoy, Neetha Ashok Shenoy vs T.P. Raghunadh regarding Rent Control Petition
Case Code Year
Case between Ashok B.Shenoy, Neetha Ashok Shenoy vs T.P. Raghunadh regarding Rent Control Petition
Case Flags
Adalath Resolved
Out-of-Court Settlement