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R.C.P. No. 161/2024

Case between Ernakulam Public Library vs A.P. Peter regarding eviction under Kerala Rent Control Act

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR
Order Date
2025-09-09
Duration
approximately-2 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a petition filed by Ernakulam Public Library for eviction of A.P. Peter under the Kerala Buildings (Lease and Rent Control) Act. The parties reached a settlement during mediation, where the respondent agreed to vacate the premises by 31.10.2025.

Judgment Outcome

Plaintiff Won
Interim Order
The petition for eviction was allowed based on the mediation agreement, and the respondent has agreed to vacate the premises by 31.10.2025. The petitioner waived all arrears of rent if the respondent vacates as agreed.
Judgment Favored
Plaintiff
Relief Granted
Order of eviction granted contingent on conditions of the settlement.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed based on the mediation agreement, and the respondent has agreed to vacate the premises by 31.10.2025. The petitioner waived all arrears of rent if the respondent vacates as agreed.
Why Plaintiff Won:
The respondent admitted to the arrears of rent and agreed to vacate the premises by a specified date.
Losing Side's Weaknesses:
The respondent admitted to the arrears of rent and agreed to vacate the premises by a specified date.
Supporting Evidence
This court is convinced that the parties have entered into the agreement voluntarily, terms are lawful, not opposed to public policy and signed by all the parties in the rent control petition. The respondent has admitted there were arrears of rent.

Judgment Evidence:

In the result, the rent control petition is allowed under Sections 11(2)(b) and 11(7) of the Act as follows; (i) The petitioner is entitled to an order of eviction as per terms in mediation report, failing which the petitioner is at liberty to execute it through process of court.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ernakulam Public Library
Relation
Represented by
Party Role
Defendant
Party Name
A.P. Peter
Party Age
68
Plaintiffs Documents
Memorandum of Agreement dated 21.07.2025
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rama Narayana Prabhu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sudha S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abraham P. George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M. Santhy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rishabh Dilraj
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vishnu J.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Preethy Varghese
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner is entitled to an order of eviction as per terms in mediation report, failing which the petitioner is at liberty to execute it through process of court.
Evidence:
In the result, the rent control petition is allowed under Sections 11(2)(b) and 11(7) of the Act as follows; (i) The petitioner is entitled to an order of eviction as per terms in mediation report, failing which the petitioner is at liberty to execute it through process of court.

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
Arrears of Rent
Case Code
Case between Ernakulam Public Library vs A.P. Peter regarding eviction under Kerala Rent Control Act
Case Code Year
Case between Ernakulam Public Library vs A.P. Peter regarding eviction under Kerala Rent Control Act

Case Flags

Adalath Resolved
Out-of-Court Settlement

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 07/21/2024 - 12:00
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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