S. M. Asif Vs. Virender Kumar Bajaj
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Head Note
The Code of Civil Procedure, 1908 - Order XII Rule (6)
Judgment on Admission - In the suit for eviction filed by the respondent-landlord, appellant-tenant has admitted the relationship of tenancy and the period of lease agreement; but resisted respondent-plaintiff's claim by setting up a defence plea of agreement to sale and that he paid an advance of Rs.82.50 lakhs, which is stoutly denied by the respondent-landlord - Appellant-defendant also filed the Suit for Specific Performance which is contested by the respondentlandlord - When such issues arising between the parties ought to be decided, mere admission of relationship of landlord and tenant cannot be said to be an unequivocal admission to decree the suit under Order XII Rule 6 CPC - An opportunity has to be afforded to the appellant to put forth his defence and contest the suit - Matter remitted to the trial court for a fresh hearing subject to the condition that the appellant should pay the arrears of rent at the rate of Rs.44,000/-per month within a period of eight weeks - Further the appellant shall pay Rs.1,00,000/-per month to the respondent-landlord as compensation for use and occupation of the suit premises with effect from 01.08.2023 and the respondent-landlord shall issue necessary receipt/acknowledgment for having received the same.
The Code of Civil Procedure, 1908 - Order XII Rule (6)
Judgment on Admission - Power under Order XII Rule 6 CPC is discretionary and cannot be claimed as a matter of right -Where the defendants have raised objections which go to the root of the case, it would not be appropriate to exercise the discretion under Order XII Rule 6 CPC - Said rule is an enabling provision which confers discretion on the Court in delivering a quick judgment on admission and to the extent of the claim admitted by one of the parties of his opponent's claim.
Topic(s)-Judgment on Admission - Eviction - Facts not covered under Judgment on Admission