Back
HARISH TANDON, PRASENJIT BISWAS
Rajesh Mitra @ Rajesh Kumar Mitra – Appellant
Versus
Karnani Properties Limited – Respondent
JUDGMENT :
1. This matter was mentioned to be taken up out of turn citing an urgency.
2. The appellant invited the attention of the Court that pursuant to an order of the executing court Sheriff has gone to the decretal property and intended to take possession thereof and unless there is an order staying the process of execution passed by this Court it would virtually render the instant appeal infructuous. We directed the appellant to serve a notice upon the respondent and fixed the matter today so that the issue raised in the instant matter can be conveniently decided in presence of both the parties.
3. At the time of hearing the counsel appearing for the respective parties and the point urged in the instant appeal, we feel that it would be an idle exercise to keep the appeal pending as the documents which are available on record are sufficient enough to decide the core issue involved in the instant appeal.
4. The instant appeal has been filed impugning the judgment and order passed by the trial Court on an application under Order 12 Rule 6 of the Code of Civil Procedure. A little prelude to the disputes between the parties is required to be adumbrated. The salient facts which emerge
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 su....
Whether there is a clear admission or not cannot be decided on the basis of a judicial precedent. The dispute with regard to the extent of the tenancy of the defendants being relevant in deciding the....
Judgment on admission – Where plaintiff claims a particular relief or reliefs against defendant and defendant makes a plain admission, former is entitled to relief(s) admitted by latter – Provisions ....
Defendants lose tenancy rights after five years from the original tenant's death; plaintiffs' eviction order upheld based on lack of legal tenancy.
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.
The power under Order 12 Rule 6 of the Code of Civil Procedure is discretionary and cannot be claimed as a matter of right; clear admissions are necessary for judgment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
