Case Summary
The petitioner, Dr. P.K.Abdul Ghafoor memorial MES Cultural Complex, filed a rent control petition against the respondents regarding arrears of rent. The parties reached a mediation agreement outlining the terms for payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to remit the rent arrears as per mediation terms by 30.04.2025.
Case Type
Rent Control
Final Judgment
No
The court accepted the mediation agreement and allowed the rent control petition requiring the respondents to remit the rent arrears by the specified date. If they fail to comply, the landlord may reclaim possession of the property.
Why Plaintiff Won:
The court found that the mediation agreement was lawful and voluntarily entered into by the parties.
The court found that the mediation agreement was lawful and voluntarily entered into by the parties.
Losing Side's Weaknesses:
The court found that the mediation agreement was lawful and voluntarily entered into by the parties.
The court found that the mediation agreement was lawful and voluntarily entered into by the 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 respondents are hereby directed to remit the rent arrears as per terms in mediation agreement by 30.04.2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. P.K.Abdul Ghafoor memorial MES Cultural Complex, Kaloor, Kochi
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- SPR Perfumes
- Party Role
- Defendant
- Party Name
- N.P.Abdul Rasheed
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.K.Nazeer Pasha
- Relation
- Partner
Plaintiffs Documents
Mediation agreement dated 19.02.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manzoor Ali K.A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fayiza Praveen Zaheer
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- T.A. Antony
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondents are directed to remit the rent arrears as per terms in mediation agreement by 30.04.2025.
Evidence:
the respondents are hereby directed to remit the rent arrears as per terms in mediation agreement by 30.04.2025, failing which the respondents are hereby directed to put the landlord in vacant possession of the petition schedule building.
Documents & Evidence
Case Classification
Case Type
Rent Control
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. P.K.Abdul Ghafoor memorial MES Cultural Complex, Kaloor, Kochi vs SPR Perfumes et al regarding Rent Arrears
Case Code Year
Case between Dr. P.K.Abdul Ghafoor memorial MES Cultural Complex, Kaloor, Kochi vs SPR Perfumes et al regarding Rent Arrears
Case Flags
Cheque-Related Case
Adalath Resolved
Out-of-Court Settlement
Nature of Cheque Case
Cheque issued towards legally enforceable debt