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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Nirmala Devi Agarwal – Appellant
Versus
Bhag Chand Agarwal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order dated February 5, 2025 passed by the learned Civil Judge (Senior Division) 1st Court, Howrah in Title Suit No. 387 of 2016 heard analogously with Title Suit No. 104 of 2020.
2. By the order impugned, the application under Order 12 Rule 6 of the Code of Civil Procedure filed by the petitioner stood rejected.
3. The case made out by the petitioner in the plaint of Title Suit No. 387 of 2016 is summarized hereunder as follows:
The opposite party was inducted as a licencee in respect of a covered area for running a restaurant at a licence fee of Rs. 25,000/- per month payable according to English Calendar month. The defendant did not pay licence fee on and from the month of February 2015 and a certain sum of money was stated to be due and payable by the opposite party to the petitioner. Petitioner through her learned advocate issued a notice to quit. Opposite party replied to the said notice. Petitioner filed the suit for eviction since the opposite party failed and neglected to deliver vacant possession of the suit pre
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.
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.
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....
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.
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 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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