Case Summary
Elsy Benjamin filed a rent control petition against Libu George regarding the eviction of premises. The parties reached a mediation agreement confirming the terms of evacuation and rental payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order conditional on the terms of the mediation agreement.
Case Type
Rent Control
Final Judgment
No
The court accepted the mediation agreement obligating Libu George to vacate the premises within four years and comply with the agreed rental terms. Elsy Benjamin agreed to the terms of the compromise.
Why Plaintiff Won:
The terms of the agreement were lawful and reflected the bona fide needs of the petitioner.
The terms of the agreement were lawful and reflected the bona fide needs of the petitioner.
Losing Side's Weaknesses:
The terms of the agreement were lawful and reflected the bona fide needs of the petitioner.
The terms of the agreement were lawful and reflected the bona fide needs of the petitioner.
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 and that the respondent has agreed to clear the rent arrears as per terms of the above compromise.
Judgment Evidence:
In the result, the rent control petition is allowed under section 11(2)(b) and 11(3) of the Act as follows: 1.The respondent is hereby directed to comply the terms in mediation agreement failing which the respondent is hereby directed to put the landlord in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elsy Benjamin
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Libu George
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Memorandum of Agreement dated 24.06.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lal K. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muraleedharan. P.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Luxy T.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjay Sellen
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sonia Shibu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akash George
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aamina Rafeeq
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Radhika R. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- A. Rajagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Balagopalan A.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.N. Manmadan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sreethy R. Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Prabhu Murali Krishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to comply with the terms in the mediation agreement failing which the respondent is directed to put the landlord in vacant possession of the petition schedule building.
Evidence:
In the result, the rent control petition is allowed under section 11(2)(b) and 11(3) of the Act as follows: 1. The respondent is hereby directed to comply the terms in mediation agreement failing which the respondent is 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
Case Code
Case between Elsy Benjamin vs Libu George regarding Rent Control
Case Code Year
Case between Elsy Benjamin vs Libu George regarding Rent Control
Case Flags
Out-of-Court Settlement