Mere admission of tenancy does not necessarily mean passing of a decree on admissions #indianlaws

Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the defendants have raised objections which go to the root of the case, it would not be appropriate to exercise the discretion under Order XII Rule 6 CPC.

Whether admission of tenancy by tenant in an eviction suit amounts to admission leading to judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) and what is scope of above provision of law was the issue in question.

It was held  that the words in Order XII Rule 6 of the CPC “may” and “make such order…” show that the power under Order XII Rule 6 CPC is discretionary and cannot be claimed as a matter of right. Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the defendants have raised objections which go to the root of the case, it would not be appropriate to exercise the discretion under Order XII Rule 6 CPC. The said rule is an enabling provision which confers discretion on the Court in delivering a quick judgment on admission and to the extent of the claim admitted by one of the parties of his opponent’s claim.

In the instant suit for eviction filed the tenant had admitted the relationship of tenancy and the period of lease agreement; but resisted landlord’s claim by setting up a defence plea of agreement to sale and that he paid an advance sum of money which was denied by the landlord. The tenant had also filed the Suit for Specific Performance which was contested by the landlord. It was held that when such issues arising between the parties ought to be decided, mere admission of relationship of landlord and tenant cannot be said to be an unequivocal admission to decree the suit under Order XII Rule 6 CPC.

[S. M. Asif vs. Virender Kumar Bajaj]

SC, 12.08.2015

Civil Appeal Nos. 6106-6108 of 2015