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AJIT KUMAR
Manoj Kumar Yadav – Appellant
Versus
Munna Lal Gupta – Respondent
JUDGMENT :
1. Heard Sri Ajay Kumar Singh learned council for the petitioner and Sri Chetan Chatterjee, learned counsel for the opposite parties.
2. This petition is filed at the instance of the tenant of the premises in question as directed against the order passed by the Judge, Small Causes dated 18.02 2021 in S.C.C. No.46 of 2021 as well as the order passed by the court sitting in revision dated 05.03.2022 in S.C.C. Revision No.20 of 2021.
3. Briefly stated facts of the case are that respondent-landlord instituted a suit for recovery of arrears of rent and damages and for eviction after issuing notice dated 3.01.2015 to the tenant-petitioner determining the tenancy. He took a specific plea to the effect that the construction of tenanted premises were made in the year 2001 and that there was a written agreement between him and tenant petitioner executed on 01.12.2008 for an agreed rent of Rs.1000/- per month. Written statement was filed in the matter in which not only these averments made in paragraph nos. 2, 5 and 9 of the plaint were admitted as it was clearly stated that these are not being denied. A particular statement had been made in paragraph no. 30 to the effect that the Act
Admissions in pleadings regarding the construction date of a building preclude the applicability of the U.P. Urban Buildings Act, leading to lawful eviction of the tenant.
A decree on admissions under Order XII Rule 6 is not justified where no clear admission exists, especially when the validity of the tenancy agreement is contested.
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.
Whether there is a clear admission or not cannot be decided on the basis of a judicial precedent. The dispute with regard to the extent of the tenancy of the defendants being relevant in deciding the....
The power under Order 12 Rule 6 of the Code of Civil Procedure is discretionary and cannot be claimed as a matter of right; clear admissions are necessary for judgment.
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