Case Summary
The petitioner, Ms. Amritha H. Pai, has filed for eviction against the respondent, Sri.Janil.C.Job, under the Kerala Building (Lease and Rent Control) Act. The parties reached a settlement during mediation agreeing on the terms of the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The Court allowed the eviction petition on the basis of the mediation agreement, directing the respondent to comply with its terms. The respondent is required to vacate the premises by 31.12.2029.
Why Plaintiff Won:
The mediation agreement was accepted as lawful and not opposed to public policy.
The mediation agreement was accepted as lawful and not opposed to public policy.
Losing Side's Weaknesses:
The mediation agreement was accepted as lawful and not opposed to public policy.
The mediation agreement was accepted as lawful and not opposed to public policy.
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 and 11(4)(ii) of the Act as follows: 1. The respondent is hereby directed to comply the terms of the mediation agreement, failing which the respondent is hereby directed to put the petitioner in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ms. Amritha H. Pai
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sri.Janil.C.Job
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.K. Vipindas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kurian Antony Edassery
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Emil Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Retheesh M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is hereby directed to comply with the terms of the mediation agreement, failing which the respondent is hereby directed to put the petitioner in vacant possession of the petition schedule building.
Evidence:
In the result, the rent control petition is allowed under section and 11(4)(ii) of the Act as follows: The respondent is hereby directed to comply the terms of the mediation agreement, failing which the respondent is hereby directed to put the petitioner in vacant possession of the petition schedule building.
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
Violation of lease conditions
Case Code
Case between Ms. Amritha H. Pai vs Sri.Janil.C.Job regarding eviction under Kerala Building (Lease and Rent Control) Act
Case Code Year
Case between Ms. Amritha H. Pai vs Sri.Janil.C.Job regarding eviction under Kerala Building (Lease and Rent Control) Act
Case Flags
Adalath Resolved
Out-of-Court Settlement