Back
GIRISH KATHPALIA
Gulshan Kumar – Appellant
Versus
Indu Soni – Respondent
JUDGMENT :
Girish Kathpalia, J.
1. The appellant tenant has assailed judgment and decree dated 20.03.2024 passed by the learned Additional District Judge-4, North, Rohini Courts, Delhi whereby suit filed by the present respondent was partly decreed for possession of the tenanted property under Order XII Rule 6 CPC. Having heard learned counsel for appellant and having examined the record, I do not find it a fit case to even issue notice of this appeal to the respondent.
2. Briefly stated, circumstances relevant for present purposes are as follows. The present respondent filed against the present appellant a suit for recovery of possession of the tenanted property bearing no. A-1/3, Ground Floor, Vandana Apartments, Sector 13, Rohini, Delhi and for recovery of arrears of rent and damages/mesne profits, pleading that being owner of the subject property, she had inducted the present appellant as a tenant therein at a monthly rent of Rs.30,000/- excluding water, electricity and maintenance etc. by way of rent agreement dated 04.02.2021, but despite service of quit notice dated 23.05.2022, the appellant/tenant did not vacate the subject premises. In his written statement, the appellant adm
Admissions regarding tenancy and service of quit notice are critical for recovery of possession under Order XII Rule 6 CPC.
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 ....
Possession can be decreed under Order XII Rule 6 CPC when there is an admission of tenancy, despite disputes over rent or security. Lack of evidence supporting claims weakens the tenant's position.
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.
A tenant's admission of rental status and non-payment establishes grounds for possession under CPC, irrespective of claims regarding security deposit.
If tenants fail to vacate said premises on expiry of tenancy period, tenants shall pay a sum of Rs.3,000/- per day towards penalty alongwith monthly rent to landladies.
The main legal point established in the judgment is that an unregistered lease deed for a period not exceeding 11 months is admissible in evidence, and a tenant is estopped from challenging the title....
Judgment on admissions under Order XII Rule 6 CPC requires clear, unequivocal, and unconditional admissions; discretion must be exercised cautiously to protect the right to contest.
The court affirmed that a Trial Court can invoke suo motu powers under Order XII Rule 6 CPC without a formal application, especially when the tenancy is residential and admissions are clear.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
