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1973 Supreme(SC) 395

D.G.PALEKAR, R.S.SARKARIA, V.R.KRISHNA IYER
Nagindas Ramdas – Appellant
Versus
Dalpatram Ichharam Alias Brijram – Respondent


Advocates:
P.H.Parekh, S.K.DHOLAKIA, Sunanda Bhandare

Judgement Key Points

An admission in a legal context refers to a statement or declaration made by a party that admits the existence of a fact or facts relevant to the case. Such admissions can be either judicial or extrajudicial. Judicial admissions are made within the course of judicial proceedings and are binding on the party making them, serving as conclusive proof of the admitted facts. Extrajudicial admissions are made outside of court proceedings and can be used as evidence to establish certain facts, although they may be subject to challenge or explanation.

In the specific context of the provided document, an admission—particularly in a compromise or settlement—can be a clear and binding acknowledgment of material facts that constitute grounds for legal action, such as eviction. When an admission is incorporated into a decree or agreement, it is considered to be a strong proof of the admitted facts and can significantly influence the court’s decision, especially if it relates to statutory grounds for eviction or other legal remedies.

Furthermore, an admission made in a compromise agreement, if clear and unambiguous, can be regarded as an admission of the material facts necessary for establishing a legal claim or defense. Such admissions, when accepted by the court, can be relied upon to uphold or invalidate legal proceedings, provided they are consistent with the relevant statutory provisions and procedural requirements.

In summary, an admission is a statement that recognizes the truth of a fact or facts pertinent to a legal matter, and when made explicitly or implicitly in a legally binding document, it can serve as a decisive element in establishing the facts necessary for the court’s jurisdiction or for proving a particular claim.


Judgment

SARKARIA, J. :- Whether the decree dated September 23, 1964, passed by the Trial Judge in Regular Suit No.6 of 1963, filed under the Bombay Rent Control Act, 1947 (for short, called Bombay Rent Act) directing the eviction of the appellant is a nullity an as such inexecutable, is the only question that falls for decision in this appeal by special leave. It arises out of these facts :

Appellant was a tenant of the premises at Ward No.3 Nondh. No. 1823/9 in the Salabatpur area of Surat. He was in arrears of rent since 16-10-1961. On 16-11-1962 the landlords respondents herein) served a notice on the appellant terminating his tenancy and also requiring him to pay the arrears of rent. On 2-1-1964 the landlords instituted the suit in the Court at Surat for possession against the tenant on two grounds namely.

(i) non-payment of rent in arrears for a period of more than one year.

(ii) bona fide requirement of the premises by the landlord for their own use and occupation.

2. The rate of contractual rent was Rs.15/- per month. On 23-9-1964 the parties arrived at a compromise the terms of which as incorporated in the decree were as under :

(i) The defendant do hand over possession of the










































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