Case Summary
Dr. Radha Devi C.V. filed a petition for eviction against M/s. MAK and DEK. The matter was settled between the parties through mediation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the eviction petition based on a mediation agreement between the parties.
Why Plaintiff Won:
The respondents admitted the bonafide need of the petitioner for own occupation as per the mediation agreement.
The respondents admitted the bonafide need of the petitioner for own occupation as per the mediation agreement.
Losing Side's Weaknesses:
The respondents admitted the bonafide need of the petitioner for own occupation as per the mediation agreement.
The respondents admitted the bonafide need of the petitioner for own occupation as per the mediation agreement.
Supporting Evidence
The respondents agreed to give vacant possession of the petition schedule building on or before 31.01.2028 admitting the bonafide need of the petitioner for own occupation.
Judgment Evidence:
Upon the light of the above, the petition is allowed and the respondents are directed to put the petitioner in vacant possession of the petition schedule building u/s.11 (3) of the Kerala Buildings (Lease & Rent Control) Act in terms of the mediation agreement and the mediation agreement shall form part of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Radha Devi C.V.
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. MAK and DEK
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mathew Jacob
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Proof affidavit of petitioner and documents relied on proving petitioner's bonafide need.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sameer. M. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Nair Ajay Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The court allowed the eviction of the respondents from the petition schedule building based on the terms of the mediation agreement.
Evidence:
the petition is allowed and the respondents are directed to put the petitioner in vacant possession of the petition schedule building u/s.11 (3) of the Kerala Buildings (Lease & Rent Control) Act in terms of the mediation agreement
Documents & Evidence
Document Type:
Mediation Agreement
Submitted By:
Court
Relevance:
The court referred to the mediation agreement outlining the terms agreed upon by both parties regarding eviction and other conditions.
Reference:
Document Type:
Proof affidavit
Submitted By:
Plaintiff
Relevance:
The court noted that the respondents reviewed the proof affidavit of the petitioner which supported her bonafide need for occupation.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Bonafide need of the petitioner for own occupation
Case Code
Case between Dr. Radha Devi C.V. vs M/s. MAK and DEK regarding eviction and rent adjustment.
Case Code Year
Case between Dr. Radha Devi C.V. vs M/s. MAK and DEK regarding eviction and rent adjustment.
Case Flags
Out-of-Court Settlement