Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or. 12, r. 6 – Judgment on Admission – Appellant was a tenant in the residential property owned by respondent – Respondent-landlord entered into lease agreement with appellant from 07.08.2011 to 07.08.2013 – Thereafter, lease deed was extended for subsequent term of 11 months on 07.08.2013 –Appellant did not pay rent after expiry of lease agreement on 07.07.2014 – Legal notice by respondent to appellant to vacate the property –Respondent-plaintiff filed suit for recovery of possession, rent, mesne profit, pendent lite and interest – Appellant-defendant filed written statement contending that after expiry of lease agreement dated 07.08.2013, respondent had approached him to sell suit property, in furtherance of which agreement to sell (ATS-I) was executed between the parties for Rs.3.60 crores and the rent accrued for the year 2014-2017 be adjusted in the said ATS-I – Also, another agreement to sell (ATS-II) was entered for a plot situated at Amloh for Rs. 15 lakhs – Respondent-plaintiff filed application u/Or. 12, r. 6 –Trial Court relying upon the admission made in the written statement, passed judgment and decree u/Or. 12, r. 6 for delivery of possession in favour of respondent – High Court dismissed the Regular First Appeal – On appeal, held: In view of the contents of the agreements and terms specified therein, the defense as taken by the appellant/defendant is plausible or not is a matter of trial which may be appreciated by the Court after granting opportunity to lead evidence by the respective parties – There may be admission with respect to tenancy as per lease agreements but the defense as taken is also required to be looked into by the Court and there is need to decide justiciability of defense by full-fledged trial – For the purpose of Or. 12, r. 6, the said admission is not clear and categorical, so as to exercise a discretion by the Court without dealing with the defense as taken by the defendant –Therefore, judgment and decree passed by the trial Court as confirmed by the High Court is set aside. |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2022 INSC 661 |
Petitioner | Karan Kapoor |
Respondent | Madhuri Kumar |
SCR | [2022] 16 S.C.R. 677 |
Judgement Date | 2022-07-06 |
Case Number | 4645 |
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