IMPORTANT POINT
The main legal point established in the judgment is that a statement made by a party in another suit can be treated as an admission and form the basis for a judgment and decree upon admission in a subsequent suit.

ORDER :

1. The plaintiff had filed an instant application under Order XII Rule 6 of the Code of Civil Procedure, 1908 praying for passing of Judgment and Decree upon admission against the defendants for eviction and recovery of khas possession of the suit property.

2. The plaintiff has filed this suit praying for the following reliefs:

“(a) Decree for eviction and recovery of khas possession of the suit property more fully described in the Schedule being Annexure ‘A’ hereto against the defendants.

(b) Decree for mesne profits for Rs. 15,60,000/- against the defendants in terms of paragraph 12 hereof along with an interim interest and interest upon judgment at the rate of 10 % per annum and further mesne profits from August, 2021 onwards.

(c) In the alternative to, (b) an enquiry into mesne profits and a decree for such sum as may be found due to payable upon such enquiry against the defendants.

(d) Judgment upon admission.

(e) Injunction.

(f) Attachment.

(g) Receiver.

(h) Costs.

(i) Further or other reliefs.”

3. The Counsel for the plaintiff submits that since 20.08.1970, Usha Mitra who was the mother of the defendants herein was a tenant under the plaintiff for a monthly rent of Rs. 200/- in relation to a single Room Flat bearing No. 208 on the 2nd floor at premises No. 25A, Park Street, Kolkata. The mother of the defendants was irregular in making payment of rent and was a defaulter by not paying the rent for several years and the defendants are in occupation of the suit property since lifetime of their mother.

4. The plaintiff has relied upon the statement made by the defendant no. 1 in CS 162 of 2016 on 11.04.2021 wherein during the cross examination the defendant no. 1 has stated as follows:

“33. Flat No. 208 in respect whereof you are an occupant - is it a tenancy? Yes, it is in my mother’s name.

34. Your mother is Usha Mitra - am I right?

Yes, Late Usha Mitra.

35. When did Usha Mitra expire?

On 3rd November, 2009.

[Witness Volunteers: My mother was a member of the Association].”

5. By referring the said portion of the evidence of the defendant no. 1 in CS 162 of 2016, the counsel for the plaintiff submits that by operation of law upon the death of the mother of the defendants on 03.11.2009, the defendants being the legal heirs of the original tenants who survived her upon her demise after the expiry of a period of five years on and from 03.11.20144 became trespassers.

6. The Counsel for the plaintiff relied upon Section 2 (g) of the West Bengal Premises Tenancy Act, 1997 which reads as follows:

“(g) “tenant” means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes any person continuing in possession after termination of his tenancy and, in the event of death of any tenant, also includes, for a period not exceeding five years from the date of death of such tenant or from the date of coming into force of this Act, whichever is later, his spouse, son, daughter, parent and the widow of his predeceased son, who were ordinarily living with the tenant up to the date of death of the tenant as the members of his family and were dependent on him and who do not own or occupy any residential premises and [in respect of premises let out for non-residential purpose his spouse, son, daughter and parent who were ordinarily living with the tenant up to the date of his death as members of his family and were dependant on him or a person authorised by the tenant who is in possession of such premises] but shall not include any person against whom any decree or order for eviction has been made by a court of competent jurisdiction:

Provided that the time limit of five years shall not apply to the spouse of the tenant who was a ordinarily living with the tenant up to his death as a member of his family and was dependent on him and who does not own or occupy any residential premises:

Provided further that the son, daughter, parent or the window of the predeceased son of the tenan