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KRISHNA RAO
Ashis Biswas – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
(Krishna Rao, J.) :
1. The plaintiff has filed the present application being G.A. No. 1 of 2019 (Old No. GA 2846 of 2019) in C.S. No. 234 of 2019 praying for judgment and decree upon admission.
2. The plaintiff has initiated the suit against the defendant praying for following decree:
b) Interim interest and interest on Judgment @18% p.a. till realization;
c) Judgment upon admission;
d) Receiver;
e) Injunction;
f) Attachment upon the Judgment;
g) Costs;
h) Such further and/or other reliefs.”
3. The father of the plaintiff, Parimal Biswas, since deceased was the sole and absolute owner of the building situated at premises No.4A, Ekdalia Place, Kolkata – 700019. The father of the plaintiff during his life time had executed a Will and Testament on 20th May, 2003, appointing the plaintiff and his younger brother as joint executors of his last Will and Testament. The plaintiff has obtained probate of the said last Will and became the sole and absolute owner of the entire Ground Floor together with 50% share of the garage and the entire First Floor together with common staircases, common entra
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.
If tenants fail to vacate said premises on expiry of tenancy period, tenants shall pay a sum of Rs.3,000/- per day towards penalty alongwith monthly rent to landladies.
The main legal point established in the judgment is that an unregistered lease deed for a period not exceeding 11 months is admissible in evidence, and a tenant is estopped from challenging the title....
Defendant failed to prove monthly rent of Rs.500 against claimed Rs.7,320, leading to dismissal of possession appeal and counter-claim for payment refunds.
A tenant's admission of rent agreement and arrears can justify eviction under Order XII Rule 6 CPC, making registration irrelevant for short-term leases.
The tenant's failure to pay rent and timely file for standard rent fixation leads to eviction under the Bombay Rent Act, despite claims of payment to co-owners.
The court affirmed that a tenant's agreement to revised rent constitutes acknowledgment of arrears, and failure to provide evidence for a full settlement negates defenses regarding non-payment.
The main legal point established in the judgment is the requirement for clear, unambiguous, and unconditional admissions to exercise the discretion under Order XII Rule 6 CPC, and the parameters for ....
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