S. M. ASIF versus VI RENDER KUMAR BAJAJ

S. M. ASIF versus VI RENDER KUMAR BAJAJ

Mere admission of landlord-tenant relationship is not an unequivocal admission sufficient to decree the eviction suit under Order XII Rule 6 CPC where substantial defences such as agreement to sell and payments are raised. Opportunity must be afforded to the tenant to contest the suit.

Parties
Appellant Tenant: S. M. Asif; Respondent Landlord: Virender Kumar Bajaj
Jurisdiction
India
Judgment Date
12 August 2015
Procedural Posture
Civil Appeal / Appeal From High Court Orders and Review Petition; Supreme Court Remitted to Trial Court
Outcome
Appeals allowed; impugned orders set aside; matter remitted for fresh hearing.
Legal Topics
Judgment on Admission, Eviction, Landlord Tenant Relationship, Specific Performance
Civil Procedure Property Law Judgment on Admission Eviction Landlord Tenant Relationship Specific Performance

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Parties

S. M. Asif

Appellant Tenant

Virender Kumar Bajaj

Respondent Landlord

Procedural Posture

Civil Appeal / Appeal From High Court Orders and Review Petition; Supreme Court Remitted to Trial Court

Legal Issues

  1. 1 Whether judgment on admission under Order XII Rule 6 CPC is appropriate when tenant admits landlord-tenant relationship but contests claim based on agreement to sell and alleged payment of advance
  2. 2 Whether trial court should have allowed the tenant to contest the eviction suit

Ratio Decidendi

Mere admission of landlord-tenant relationship is not an unequivocal admission sufficient to decree the eviction suit under Order XII Rule 6 CPC where substantial defences such as agreement to sell and payments are raised. Opportunity must be afforded to the tenant to contest the suit.

Court Disposition

Appeals allowed; impugned orders set aside; matter remitted for fresh hearing.

Orders

  • Appellant to pay arrears of rent at Rs.44,000/- per month within eight weeks.
  • Appellant to pay Rs.1,00,000/- per month as compensation for use and occupation from 01.08.2015.