The necessity of clear admission and proof of service of legal notices for obtaining a judgment on admission under Order 12 Rule 6 CPC.

M.L. MEHTA, J.

1. The present revision petition has been filed under Section 115 Code of Civil Procedure (CPC) against the order dated 27.11.2010 passed by ld. Civil Judge, whereby the application of the petitioner under Order 12 Rule 6 CPC for decree of possession was dismissed.

2. The brief facts of the case are that the mother of the petitioner, Vijaylaxmi Rastogi executed a lease deed dated 11.09.2004 in favor of the respondent company in respect of her property no. 609, Madhuban, 55, Nehru Place, New Delhi (hereinafter referred as suit premises) for a period of three years. Late Vijaylaxmi Rastogi bequeathed the suit premises to the petitioner by way of Will dated 17.02.2007. Upon expiry of the period of lease in September 2007, the petitioner allegedly sent a legal notice dated 05.12.2007 to the respondent, calling for vacating the suit premises. The petitioner then proceeded to file a suit for possession, mesne profits and damages against the respondent, presently pending in the Court of ld. Civil Judge. The respondent filed the written statement along with various objections regarding the maintainability of the suit and out rightly denied the receipt of legal notice. The petitioner then moved an application under Order 39 Rule 6 of CPC wherein the respondent was directed by the court vide order dated 15.12.2009 to pay the arrears of admitted rent from January 2008 and also the rent on monthly basis till the disposal of the suit.

3. The petitioner then moved an application under Order 12 Rule 6 CPC before the ld. Civil Judge for a decree on admission. It was claimed by the petitioner that although the respondent has denied the receipt of legal notice, but the fact of tenancy has not been denied and based on the presumption which is drawn in regard to delivery of legal notice, the respondent should be deemed to have received the legal notice and prayed for a decree of possession. Dismissing the said application, the ld. Civil Judge observed that there has never been any admission on behalf of the respondent regarding receipt of legal notice. It was concluded by the ld. Civil Judge that admission must be made either orally or in writing and cannot be presumed by mere sending a legal notice without any proof of its service.

4. The said order has been challenged by the learned counsel for petitioner on the ground that the trial Court failed to appreciate that non- filing of certificate from Department of Posts is not fatal as the regd. A.D. and U.P.C. was placed on record by him to prove the fact of service of notice to the respondent. Attention has also been drawn towards Section 51 of the Companies Act to prove that the documents are deemed to be validly served by sending them to the registered office of the company. The learned counsel for the petitioner has relied upon Hill Elliott & Co. Ltd. vs. Bhupinder Singh 2011(121) DRJ 438 (DB) and Abhinav Outsourcing Pvt. Ltd. vs. Sunita Seth 186(2012) DLT 689 among others, to emphasize the fact that judgment on admission can be passed when a valid notice terminating the tenancy after expiry of the lease period is duly served upon the tenant.

5. On the other hand, the learned counsel for the respondent has urged that nothing has been adduced by the petitioner to prove the service of legal notice and hence no admission regarding termination of tenancy can be presumed to have been made by the respondent. It has been further submitted that admission must be made in unambiguous terms by a party in order to facilitate the passing of judgment under Order 12 Rule 6 CPC, which is absent in the present case and hence the order of the ld. Civil Judge declining the application for judgment on admission, confirms to the legislative intent.

6. I have heard the rival submissions and perused the record.

7. The present case raises a short question of law that whether mere sending of a legal notice, without any proof of its service, can be deemed to constitute valid admission of the fact