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MILIND NARENDRA JADHAV
Jayant Maniklal Lunawat – Appellant
Versus
Sunil Mohan Balwadkar – Respondent
JUDGMENT :
Milind Narendra Jadhav, J.
1. At the outset, Mr. Tulzapurkar, learned Senior Advocate appearing for the Applicant would submit that Interim Application No. 2017 of 2024 is filed for condonation of delay of 36 days in filing the Civil Revision Application (CRA).
2. I have perused the Interim Application. For the reasons mentioned in the Interim Application, Interim Application stands allowed in terms of prayer clause 'a'. Delay of 36 days stands condoned.
3. After allowing the Interim Application, present CRA is taken up for final hearing immediately.
4. This CRA takes exception to the order dated 16.09.2023 passed by the 2nd Civil Judge (Senior Division), Pune in Application filed below Exhibit "58" in Regular Civil Suit No. 787 of 2023. By the said Application, Plaintiff in the Civil Suit prayed for a decree / judgment on admission against Defendants (Defendant Nos. 1 to 4) under Order XII Rule 6 of the Code of Civil Procedure, 1908 (for short "CPC"). Parties shall be referred to as Plaintiff and Defendants for convenience. Mr. Tulzapurkar appears for Plaintiff and Mr. Anturkar appears for Defendants.
5. Mr. Tulzapurkar, learned Senior Advocate appearing for Plaintiff would s
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 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....
For judgment under Order XII Rule 6, admissions must be clear and unconditional; conditional admissions do not suffice.
Judgment on admissions may be granted under Order XII Rule 6 when the Defendant accepts the tenancy and terms of rent, despite challenges to ownership.
Establishing adverse possession requires clear, unambiguous evidence of hostile intent and disclosure of all necessary details; mere long possession without asserting hostile rights does not suffice.
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 essential ingredients for adverse possession must be pleaded clearly, and long possession alone is not sufficient to establish adverse possession.
The trial court can pass a decree under Order XII Rule 6 on the basis of clear admissions without requiring a trial, even if the defense has been struck off.
(1) Tenant-Landlord relationship cannot come to an end on execution of Agreement to Sell – Even if consideration has been exchanged purchaser does not become owner of property till the time registere....
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