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HIGH COURT OF BOMBAY
MADHAV J. JAMDAR, J
Nitin Praboidhchandra Gadekar – Appellant
Versus
State Bank of India Thr. Shri. Sanja Kumar Mehrotra Asst.general Manager – Respondent
| Table of Content |
|---|
| 1. challenging appellate court's order (Para 2 , 3) |
| 2. submissions by learned counsel (Para 4 , 5 , 6 , 7 , 8) |
| 3. discretion in judgment on admission (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. civil revision application dismissed (Para 26) |
JUDGMENT :
1. Heard Mr. Pai, learned Senior Counsel for the Applicant and Ms. Sonal, learned Counsel for the Respondent.
2. By the present Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (“CPC”), the Applicant i.e. Original Plaintiff is challenging the legality and validity of the Order dated 4th May 2022 passed by the learned Appellate Bench of the Small Causes Court at Mumbai in Appeal No.71 of 2021 (“impugned Order”).
3. By the impugned Order dated 4th May 2022, the Appellate Court set aside the Order dated 12th March 2020 passed below Exhibit – 19 in T. E. & R. Suit No.37 of 2018. By the said Order dated 12th March 2020, the learned Trial Court allowed the said Application filed under Order XII Rule 6 and Section 151 of the CPC seeking judgment on admission. The learned Appellate Court by the impugned Order has set aside the judgment on admission
Judgment on admission under Order XII Rule 6 is discretionary and requires clear, unambiguous admissions; further interpretation of lease terms may be necessary.
A decree on admissions under Order XII Rule 6 is not justified where no clear admission exists, especially when the validity of the tenancy agreement is contested.
The main legal point established in the judgment is the court's discretion to grant a decree under Order XII Rule 6 of CPC based on clear admissions in the pleadings and reply notice, especially when....
The main legal point established in the judgment is that a decree of possession can be granted based on admissions made by the respondents, and the application under Order 12 Rule 6 of the CPC for pa....
The amendment to Section 11(4) of the Rent Act applies retrospectively to pending suits, protecting landlords against unjust withholding of rent.
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.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
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