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R.C.P. No. 113/2024

Case between Malathy Balagopal et al vs Lijo George et al regarding eviction

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2025-11-17
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Malathy Balagopal and others, filed for eviction against respondents Lijo George and Lisamma George under the Kerala Buildings (Lease and Rent Control) Act. The parties entered into a settlement during mediation which the court accepted.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the rent control petition after accepting the mediation agreement, directing the respondents to vacate the property by 31.10.2029. Failure to comply would allow the petitioners to seek court enforcement of the eviction.
Judgment Favored
Plaintiff
Relief Granted
Eviction order granted with time until 31.10.2029 to vacate the property.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the rent control petition after accepting the mediation agreement, directing the respondents to vacate the property by 31.10.2029. Failure to comply would allow the petitioners to seek court enforcement of the eviction.
Why Plaintiff Won:
The respondents admitted the petitioners' need for eviction, and a lawful mediation agreement was presented.
Losing Side's Weaknesses:
The respondents admitted the petitioners' need for eviction, and a lawful mediation agreement was presented.
Supporting Evidence
The respondents has accepted the claim raised by the petitioners U/s 11(3) and 11(4)(iii) of the Act. 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(3) and 11(4)(iii) of the Act as follows: The respondents are hereby directed to comply the terms of the mediation agreement, failing which the respondents are hereby directed to put the petitioners in vacant possession of the petition schedule building.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Malathy Balagopal
Party Age
89
Relation
W/o. Late Balagopal
Party Role
Plaintiff
Party Name
Susmitha Venugopal
Party Age
59
Relation
D/o. Late Sri. Balagopal
Party Role
Plaintiff
Party Name
Sujatha Sivasankar
Party Age
58
Relation
D/o. Late Sri. Balagopal
Party Role
Defendant
Party Name
Mr. Lijo George
Party Age
50
Relation
S/o. Late Mr. E.V.George
Party Role
Defendant
Party Name
Mrs.Lisamma George
Party Age
75
Relation
S/o.Late Mr. E.V.George
Plaintiffs Documents
Memorandum of Agreement dated 10.11.2025, Mediation report
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rama Narayana Prabhu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sanal K.M.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anup T. Paul
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Order of eviction to be passed, granting respondents time up to 31.10.2029 to vacate the petition schedule building.
Evidence:
The respondents hereby admit that the need urged U/Ss. 11(3) and 11(4)(iii) by the petitioners in the above petition for eviction, is bonafide and genuine and withdraws all the contentions raised by them in the written objection filed in the above petition for eviction.

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
Bonafide need for eviction
Case Code
Case between Malathy Balagopal et al vs Lijo George et al regarding eviction
Case Code Year
Case between Malathy Balagopal et al vs Lijo George et al regarding eviction

Case Flags

Adalath Resolved
Out-of-Court Settlement

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 11/01/2025 - 12:00
To
Sun, 11/30/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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