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NAJMI WAZIRI, SUDHIR KUMAR JAIN
Brompton Lifestyle Brands Pvt. Ltd. – Appellant
Versus
Riveria Commercial Developers Ltd. – Respondent
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. This appeal impugns the order dated 20.12.2022 disposing off two suits, one filed by the appellant bearing no. CS(COMM)266/2021 titled as Brompton Lifestyle Brands Pvt. Ltd. v. Riveria Commercial Developers Limited, which was pending before the Court of District Judge (Commercial Court)-01, Patiala House Court, New Delhi and another suit filed by the respondent bearing no. CS (COMM) 640/2022 before this Court. In former suit, following relief was sought:
"a) Pass a decree of Permanent Injunction in favour of the Plaintiff and against the Defendant whereby permanently restraining the Defendant from dispossessing the Plaintiff from the suit shop i.e. shop bearing number G-5A, situated at ground floor of the building namely, The Chanakya, situated at Yashwant Place Commercial Complex, opposite Chanakyapuri Post Office, Chanakyapuri, New Delhi-110021, without following due process of law,"
2. An interim relief had been granted to the appellant in the suit bearing no. CS(COMM)266/2021 to the following effect:
"8..Keeping in view the interest of justice, defendant, his off
The main legal point established in the judgment is the application of Order XII Rule 6 of the CPC, the effect of non-registration of the Lease Deed under Section 49 of the Registration Act, and the ....
A lease deed not registered creates a month-to-month tenancy; urgent interim relief suits are exempt from mandatory pre-institution mediation.
The main legal point established in the given judgment is that the relationship between landlord and tenant must be proved, the rate of rent must be established, and the absence of a registered subsi....
The main legal point established in the judgment is the court's discretion to grant a decree under Order XII Rule 6 of CPC based on clear admissions in the pleadings and reply notice, especially when....
Clear and unambiguous admissions by the defendant in a suit for possession can warrant a judgment on admission under Order 12 Rule 6 CPC. The expiration of a lease by efflux of time does not amount t....
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 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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