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JYOTI SINGH
Santosh Singh – Appellant
Versus
Anil Agarwal – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
CM APPL. 11962/2022 (delay of 10 days in filing the petition)
1. Present application has been preferred seeking condonation of delay of 10 days in filing the revision petition.
2. For the reasons stated in the application, the same is allowed.
3. Delay of 10 days in filing the revision petition is condoned.
4. Application stands disposed of.
C.R.P. 28/2022, CM APPL. 11960/2022 (direction)
5. Present revision petition has been filed laying a challenge to the impugned order dated 23.11.2021 passed by the Trial Court whereby an application filed by the Petitioner herein under Order XII Rule 6 CPC has been dismissed. Petitioner herein is the Plaintiff before the Trial Court and Respondent is the sole Defendant and the parties are hereinafter referred to by their litigating status before the Trial Court.
6. Facts being in a narrow compass for the purpose of adjudicating this revision petition and as averred in the petition are that Plaintiff's mother late Smt. Bhagwati Devi was the absolute owner of built-up property bearing No. B-7/C-58, ad-measuring 220 Sq. Yards in Khasra No. 1422, now bearing the new No. B-7/C-58, Sharda Puri, New Delhi-15 (hereina
The main legal point established in the judgment is that a clear and categorical admission is required for the court to decree a suit without trial under Order XII Rule 6 CPC, especially in the conte....
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 admission by the landlords did not confer tenancy rights only upon the Petitioner, but also upon his mother and siblings. Decreeing the suit in favor of the Petitioner alone would deny the rights....
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 significance of clear and unambiguous admissions in passing judgment under Order XII Rule 6 of the CPC, and the necessity of a full-fledged tri....
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....
A clear and unambiguous admission by a party can justify a summary judgment under Order XII Rule 6 of the CPC.
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