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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA JAIN
Nitin Chandrakant Patel – Appellant
Versus
Pariwar Co-operative Housing Society Ltd. – Respondent
| Table of Content |
|---|
| 1. plaintiff's application for decree on admission (Para 1 , 5) |
| 2. order xii rule 6 of cpc explained (Para 2 , 3 , 4) |
| 3. context of the development agreement (Para 7 , 8 , 9 , 10) |
| 4. defendant's admissions regarding payments (Para 11 , 12 , 13) |
| 5. defendant's prior admissions in other suits (Para 14 , 15 , 16 , 17 , 18) |
| 6. sufficiency of admissions for relief under order xii rule 6 (Para 19) |
| 7. clarification on limitation periods (Para 20 , 21 , 22) |
| 8. scope of court's observations clarified (Para 23) |
| 9. final decree in favor of plaintiff (Para 24) |
JUDGMENT:
JITENDRA JAIN, J.
1. The plaintiff has made an application under Order XII Rule 6 of the CIVIL PROCEDURE CODE , 1908 (CPC) for passing a decree in its favour and against defendant nos.1 to 3 with a direction to these defendants to execute the deed of conveyance and power of attorney with respect to land admeasuring 5,412 sq.mtrs. bearing CTS No.1196- E Village Kanjur, Taluka Kurla, Mumbai Suburban District and to handover possession of the said suit property to the plaintiff. The present suit is only with respect to property bearing CTS No.1196-E which is referred to as the “suit property”.
2. Order XII Rule 6(1) of the CP
Admissions in earlier litigations serve as substantial proof for decreeing a suit under Order XII Rule 6, particularly when compliance with the agreement is undisputed by the defendant.
A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.
(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....
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.
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....
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.
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.
A family settlement, even if unregistered, is binding if acted upon, and courts can issue a decree on admission when clear admissions exist, emphasizing the discretionary nature of Order XII Rule 6.
The court emphasized that admissions in pleadings and family settlements can warrant a decree without trial under Order XII Rule 6 of the CPC, reinforcing the binding nature of such settlements.
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