Case Summary
This case involves a rent control petition filed by Suhail.K. and Sudheer.K. against Peter Shyju. The petitioners sought relief regarding the possession of a commercial shop building and rental arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to remit the rent arrears and surrender vacant possession of the building by 31/05/2025.
Case Type
Rent Control Petition
Final Judgment
No
The court accepted the mediation agreement and allowed the rent control petition, directing the respondent to remit the rent arrears. If the respondent fails to comply, the petitioner can execute the order through the court.
Why Plaintiff Won:
The mediation agreement was found to be lawful and duly accepted by both parties.
The mediation agreement was found to be lawful and duly accepted by both parties.
Losing Side's Weaknesses:
The mediation agreement was found to be lawful and duly accepted by both parties.
The mediation agreement was found to be lawful and duly accepted by both 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: The respondents are hereby directed to remit the rent arrears as per terms in mediation agreement forthwith failing which the respondents are hereby directed to put the landlord in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suhail.K.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sudheer.K.
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Peter Shyju
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Zakir Hussin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Srreraj K.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ramkumar J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondents are directed to remit the rent arrears as per terms in mediation agreement, failing which the respondents are 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) of the Act as follows: 1.The respondents are hereby directed to remit the rent arrears as per terms in mediation agreement forthwith failing which the respondents are hereby directed to put the landlord in vacant possession of the petition schedule building.
Relief Type:
Other
Outcome:
Not Decided
Description:
If above term is not complied with by the respondents, the petitioner is at liberty to execute it through the process of court.
Evidence:
If above term is not complied with by the respondents, the petitioner is at liberty to execute it through the process of court.
Relief Type:
Other
Outcome:
Unknown
Description:
There shall be no order as to costs.
Evidence:
In the facts and circumstance of this case there shall be no order as to costs.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Suhail.K. et al vs Peter Shyju regarding Rent Control Petition
Case Code Year
Case between Suhail.K. et al vs Peter Shyju regarding Rent Control Petition
Case Flags
Out-of-Court Settlement