Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: Or.XII r.6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908: Or.XII r.6 – Decree on admission – Respondent-plaintiff filed suit for possession, mandatory/ permanent injunction and mesne profit with respect to suit property against defendants-appellants claiming himself to be the owner of suit property and claiming that defendant No.1 was tenant and has sub-let the suit property/premises in favour of defendant No.2 – In the written statement, case of defendants was that they were not ‘now’ the tenant of the plaintiff but the actual owner of suit property – It was further stated therein that defendant no.2 had purchased the suit property from plaintiff and suit for specific performance of contract against the plaintiff was pending for adjudication before trial court – After the written statement was filed by defendants, plaintiff filed an application before trial court to pass decree on admission under Or.XII r.6 of CPC – Trial court dismissed the application holding that defendant no.2 did not make any admission regarding ownership of the plaintiff and their tenancy in the suit property – High Court, however, allowed the revision petition and passed decree for eviction against the defendants – On appeal, held: In the written statement, it was specifically stated by defendants that they were not ‘now’ the tenant of the plaintiff but the actual owner of the suit property – It is not in dispute and even it was the case of defendants that defendant No.2 had instituted the suit for specific performance against the plaintiff with respect to the suit property – Therefore, at this stage, defendant No.2 cannot be said to be the owner as her suit for specific performance was pending adjudication – Unless and until a decree for specific performance is passed in her favour and/or the sale deed is executed pursuant to such a decree, she cannot be said to be owner of the suit property and plaintiff continues to be the owner and defendant No.1 continues to be the tenant – Therefore, the aforesaid is rightly treated as an admission on behalf of defendants with respect toownership of plaintiff and tenancy of defendant No.1 – High Court as such has rightly passed the decree on admission – However, decree passed by High Court shall be subject to the outcome of the suit for specific performance filed by defendant no.2. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2021 INSC 609 |
Petitioner | Mohd. Raza & Anr. |
Respondent | Geeta @ Geeta Devi |
SCR | [2021] 8 S.C.R. 772 |
Judgement Date | 2021-10-04 |
Case Number | 6098 |
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