Case Summary
The petitioners Dr. M.K.Abdul Karim and Haleema Karim filed for eviction against Kerala Civil Supplies Corporation Limited and its Regional Manager due to arrears of rent. The parties reached a settlement during mediation, agreeing on terms for payment and eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction granted and payment schedule established.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition and mandated the respondents to pay the rent arrears as per the mediation agreement. If the terms are not complied with, the petitioners are entitled to regain possession of the property.
Why Plaintiff Won:
The parties voluntarily entered into a lawful mediation agreement regarding the arrears of rent.
The parties voluntarily entered into a lawful mediation agreement regarding the arrears of rent.
Losing Side's Weaknesses:
The parties voluntarily entered into a lawful mediation agreement regarding the arrears of rent.
The parties voluntarily entered into a lawful mediation agreement regarding the arrears of rent.
Supporting Evidence
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: The respondents are hereby directed to remit the rent arrears as per terms in mediation agreement forthwith failing which the respondents are hereby directed to put the landlord in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. M.K.Abdul Karim
- Party Age
- 80
- Relation
- S/o. Late. Sri. M.M.Kunju Mohammed
- Party Role
- Plaintiff
- Party Name
- Haleema Karim
- Party Age
- 75
- Relation
- W/o. Dr. M.K.Abdul Karim
- Party Role
- Defendant
- Party Name
- Kerala Civil Supplies Corporation Limited
- Relation
- Rep: by its Managing Director
- Party Role
- Defendant
- Party Name
- The Regional Manager
- Relation
- Kerala Civil Supplies Corporation Limited
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rama Narayana Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sudha S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Molly Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction U/s. 11(2)(b) of the Act, granting respondent time up to 31.3.2025 to vacate the petition schedule building and to surrender vacant possession thereof with keys, to the petitioners.
Evidence:
the respondents are hereby directed to put the landlord in vacant possession of the petition schedule building.
Relief Type:
Recovery
Outcome:
Granted
Description:
Directive for the respondents to remit the rent arrears as per terms in mediation agreement.
Evidence:
the respondents are hereby directed to remit the rent arrears as per terms in mediation agreement 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
Non-payment of rent
Case Code
Case between Dr. M.K.Abdul Karim et al vs Kerala Civil Supplies Corporation Limited et al regarding eviction and rent arrears
Case Code Year
Case between Dr. M.K.Abdul Karim et al vs Kerala Civil Supplies Corporation Limited et al regarding eviction and rent arrears
Case Flags
Adalath Resolved
Out-of-Court Settlement