GAURANG KANTH
Kanika Mittal – Appellant
Versus
Kavita Sardana – Respondent
JUDGMENT
Gaurang Kanth, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
CAV 71/2023
1. Mr. Sidhant Kumar, Advocate has entered appearance on behalf of the caveators/respondents. Accordingly, caveat stands discharged.
CM APPL. 4642/2023 (Exemption)
2. Application is allowed, subject to all just exceptions.
3. Application stands disposed of.
RFA 77/2023 and CM APPL. 4641/2023 (for stay)
4. With the consent of learned counsel for the parties, the matter is taken up for final hearing. Learned counsel for the Appellant confirms that he filed complete Trial Court record in accordance with the High Court Rules.
BRIEF FACTS RELEVANT FOR DISPOSAL OF THE PRESENT APPEAL
5. The appellant (original defendant) is aggrieved by the impugned judgment and decree dated 16.12.2022 passed by learned Additional District Judge-06, South East, Saket Courts, Delhi in Civil Suit No.92/2022 titled `Mrs. Kavita Sardana & Anr. vs. Ms. Kanika Mittal'.
6. Vide the impugned judgment, learned Trial Court was pleased to allow the application filed by the respondents (original plaintiffs) under Order XII Rule 6 of the Code of Civil Procedure, 1908 and partly decreed the s
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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.
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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.
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Admissions in legal pleadings must be clear and unequivocal to grant a judgment under Order XII Rule 6 CPC; otherwise, issues must proceed to trial.
(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....
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