Case Summary
The petitioners, led by Mr. Vijayakumar.N.Menon and supported by others, filed for eviction against the respondent, Mr. Murukesan, under the Kerala Buildings (Lease and Rent Control) Act. The court recognized a mediation agreement between the parties and ruled on the matter of possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building to the petitioner forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondent to surrender possession of the premises to the petitioner. It emphasized the necessity of compliance with the terms of the compromise agreed upon by both parties.
Why Plaintiff Won:
The parties had entered into a mediation agreement, which was found lawful and supported by the admission of the respondent regarding the bona fide need of the petitioners.
The parties had entered into a mediation agreement, which was found lawful and supported by the admission of the respondent regarding the bona fide need of the petitioners.
Losing Side's Weaknesses:
The parties had entered into a mediation agreement, which was found lawful and supported by the admission of the respondent regarding the bona fide need of the petitioners.
The parties had entered into a mediation agreement, which was found lawful and supported by the admission of the respondent regarding the bona fide need of the petitioners.
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. The terms are lawful and not opposed to public policy.
Judgment Evidence:
In the result, the rent control petition is allowed under section 11(3) and 11(4)(ii) of the Act as follows: 1.The respondent is hereby directed to put the petitioner in possession of the petition schedule building forthwith, failing which the petitioner is at liberty to execute it through the process of court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Vijayakumar.N.Menon
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Aardra Menon
- Party Age
- 31
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Bindu vijayakumar
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Murukesan
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
Memorandum of Agreement dated 17.06.2025
Defendants Documents
Mediation report
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.S.Mohamed Usman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Priya Devi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arshad Ameen N.M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Amal M.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Riyan Augustine Shaji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is hereby directed to put the petitioner in possession of the petition schedule building forthwith.
Evidence:
In the result, the rent control petition is allowed under section 11(3) and 11(4)(ii) of the Act as follows: 1.The respondent is hereby directed to put the petitioner in possession of the petition schedule building forthwith, failing which the petitioner is at liberty to execute it through the process of court.
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 Vijayakumar.N.Menon et al vs Murukesan regarding eviction
Case Code Year
Case between Vijayakumar.N.Menon et al vs Murukesan regarding eviction
Case Flags
Adalath Resolved
Out-of-Court Settlement