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2023 Supreme(Cal) 1168

KRISHNA RAO
Sadhana Mehra – Appellant
Versus
Arvind Kumar Jayaswal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Swatarup Banerjee, Ms. Somali Mukhopadhyay
For the Defendant : Mr. Rupak Ghosh, Mr. Debmalya Ghosal, Mr. Dilip Kumar Ghosh

JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the present application under Order XII, Rule 6 of the Code of Civil Procedure, 1908 praying for Judgement and Decree on admission.

2. The plaintiff has filed suit being C.S. No. 95 of 2019 against the defendant for recovery of Khas, peaceful and vacant possession of premises situated on the building known as Power Court situated at the premises No. 20A Abanindra Nath Thakur Sarani, Kolkata.

3. The plaintiff has filed the application for Judgement on admission on the ground that in paragraph 5 (a) of the written statement, the defendant has admitted that:

    “In terms of the agreement as made between the parties hereto this defendant continue to tender rent for a sum of Rs. 9,000/- per month with Mr. Mukesh Sood and in consequence thereto the rent receipts were issued in favour of defendant.”

4. It is also contended that in the written statement the defendant has also admitted the fact that the defendant was inducted by Mr. Mukesh Sood, who by a registered Deed of Gift dated March 26, 2008 has transferred his share along with the share of his mother Pushpavati Sood and his brother Rakesh Sood in the suit premises in favour of the plainti

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