IMPORTANT POINT
Decree on admission can be passed in a suit for possession, mandatory injunction, permanent injunction and mesne profit where facts are undisputed and admitted.

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the property to defendant No.2 without any prior intimation to the plaintiff and thus the tenancy of defendant No.1 has been revoked/terminated by the plaintiff on 17.07.2018. Thus the plaintiff claimed the ownership and claimed that original defendant No.1 is the tenant.

2.2 At this stage, it is required to be noted that the defendants filed the written statement (the contents of the same shall be dealt with herein below). After the written statement filed on behalf of the defendants, the plaintiff filed an application before the learned Trial Court to pass a decree on admission under Order XII Rule 6 of CPC on the ground that in the written statement the defendants have admitted that the plaintiff is the owner and defendant No.1 is the tenant of the suit property. The said application was opposed on behalf of the defendants. A detailed reply was filed under Order XII Rule 6 of CPC on behalf of the defendants. That thereafter the learned Trial Court dismissed the said application vide order dated 27.07.2019 by observing that from the perusal of written statement filed by the defendants, it is palpably clear that defendant No.2 did not make any admission regarding the ownership of the plaintiff and their tenancy in the suit property.

3. Feeling aggrieved and dissatisfied with the order passed by the learned Trial Court dated 27.07.2019, dismissing the application under Order XII Rule 6 of CPC and refusing to pass the decree on admission, the plaintiff – respondent herein preferred the revision petition before the High Court. By the impugned judgment and order, the High Court has allowed the said revision application and quashed and set aside the order passed by the learned Trial Court dismissing the application under Order XII Rule 6 of CPC and consequently passed a decree for eviction in favour of the plaintiff and against the defendants. At this stage, it is required to be noted that in the written statement, it was the specific case on behalf of the defendants – appellants herein that defendant No.2 is the absolute owner of the suit property and has paid a sum of Rs.19 lakhs to the plaintiff and therefore she is in possession of the suit property as an owner. However, it is to be noted that defendant No.2 had instituted a suit against the plaintiff for specific performance of the contract/agreement on the basis of which defendant No.2 is claiming to be the owner of the suit property and the said suit is still pending.

4. Feeling aggrieved and dissatisfied with the judgment and order passed by the High Court, the original defendants have preferred the present appeal.

5. Shri Sanobar Ali, learned counsel appearing on behalf of the appellants – original defendants, has vehemently submitted that in the facts and circumstances of the case the High Court has material