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Mohd. Raza – Appellant
Versus
Geeta @ Geeta Devi – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.11.2019 passed by the High Court of Delhi at New Delhi in Civil Revision Petition No.175 of 2019, by which the High Court has allowed the said civil revision petition by quashing and setting aside the order dated 27.07.2019 passed by the learned Trial Court and consequently passed a decree of eviction on admission under Order XII Rule 6 of CPC, the original defendants have preferred the present appeal.
2. The facts leading to the present appeal in nut shell are as under:
2.1 That the respondent – original plaintiff had instituted Civil Suit No.805 of 2018 against the original defendants – appellants herein in the court of Senior Civil Judge, (East) Karkardooma, Delhi for possession, mandatory injunction, permanent injunction and mesne profit with respect to the property bearing No.246/4, Ground Floor, East School Block, Mandawali, Delhi (hereinafter referred to as the suit property). It was averred in the plaint that she is the lawful owner of the suit property since 15.01.2013 and defendant No.1 is the tenant vide rent agreement dated 14.03.2016, who illegally sublet the proper
Decree on admission can be passed in a suit for possession, mandatory injunction, permanent injunction and mesne profit where facts are undisputed and admitted.
A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.
The main legal point established in the judgment is the court's reliance on admissions made by the tenant in the written statement to grant possession to the landlord, in accordance with Order XII Ru....
For a judgment on admission under Order XII Rule 6 of the CPC, clear and unambiguous admissions relevant to the issues at stake in the suit are required, and the power to grant relief under this rule....
Judgment on admission – Decree in suit in favour of plaintiffs can be passed on strength of admission made by petitioner in course of criminal proceedings.
Ownership of property is transferred upon execution of a sale deed; possession cannot be denied based on unpaid sale consideration.
The main legal point established in the judgment is that a statement made by a party in another suit can be treated as an admission and form the basis for a judgment and decree upon admission in a su....
The main legal point established in the judgment is that a clear and categorical admission is required for the court to decree a suit without trial under Order XII Rule 6 CPC, especially in the conte....
The admission by the landlords did not confer tenancy rights only upon the Petitioner, but also upon his mother and siblings. Decreeing the suit in favor of the Petitioner alone would deny the rights....
The main legal point established in the judgment is the Court's discretion to grant relief under Order XII Rule 6 of CPC based on admissions of fact, and the requirement for a strong defense to succe....
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