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SHAMPA DUTT (PAUL)
Mridula Roy – Appellant
Versus
Kamalesh Chandra Chakraborty – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred against an order dated 27th September, 2024 passed by the learned Civil Judge (Senior Division), 7th Court at Alipore in Ejectment Suit No. 32 of 2022 CNR: WBSP02-001881-2022.
2. The learned Magistrate has rejected the petitioners/plaintiff’s prayer for decree on admission under order XII R 6 of CPC. On the findings as follows:-
On perusal of the plaint, it appears that the plaintiff has demanded and prayed for mesne profit @ Rs.1,000/- per month from April, 2022 till the taking of khas possession but in this respect, there appears a point of dispute between the parties regarding the fact of extension of the right to occupy beyond the period as stated in the agreement dated 01.10.2019. So, merely on the basis of admission of rate of rent and execution of agreement dated 01.10.2019, the points of mesne profit and extension of right to occupy cannot be determined and so, the petition
Judgment on admissions under Order XII Rule 6 CPC requires clear, unequivocal, and unconditional admissions; discretion must be exercised cautiously to protect the right to contest.
A decree on admissions under Order XII Rule 6 is not justified where no clear admission exists, especially when the validity of the tenancy agreement is contested.
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.
(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....
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.
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....
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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