RAJIV GHOSH versus SATYA NARYAN JAISWAL

RAJIV GHOSH versus SATYA NARYAN JAISWAL

Having regard to the clear and unequivocal admissions in the defendant's written statement which satisfy the factual ingredients of Section 2(g) of the West Bengal Premises Tenancy Act, 1997, the High Court correctly applied Order XII Rule 6 CPC to decree the suit on admission; Rule 6 permits judgment on admissions (including those in pleadings) and is discretionary but properly exercised here to grant the decree and draw a decree under sub-rule (2).

Parties
Petitioner (original Defendant): Rajiv Ghosh; Respondent (original Plaintiff): Satya Naryan Jaiswal
Jurisdiction
India
Judgment Date
06 April 2025
Procedural Posture
Special Leave Petition (civil) / Final Judgment (disposal of Slp)
Outcome
Special Leave Petition dismissed
Legal Topics
Order XII Rule 6 CPC, Judgment on Admissions, Eviction, West Bengal Premises Tenancy Act, 1997 S.2(g)
Civil Procedure Property Law Tenancy Law Order XII Rule 6 CPC Judgment on Admissions Eviction West Bengal Premises Tenancy Act, 1997 S.2(g)

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Parties

Rajiv Ghosh

Petitioner (original Defendant)

Satya Naryan Jaiswal

Respondent (original Plaintiff)

Procedural Posture

Special Leave Petition (civil) / Final Judgment (disposal of Slp)

Legal Issues

  1. 1 Whether a suit can be decreed on admissions in the written statement under Order XII Rule 6 CPC
  2. 2 Scope of the expression 'admissions' and the phrase 'or otherwise' in Order XII Rule 6 CPC
  3. 3 Applicability of Section 2(g) of the West Bengal Premises Tenancy Act, 1997 to the defendant and its effect on tenancy rights

Ratio Decidendi

Having regard to the clear and unequivocal admissions in the defendant's written statement which satisfy the factual ingredients of Section 2(g) of the West Bengal Premises Tenancy Act, 1997, the High Court correctly applied Order XII Rule 6 CPC to decree the suit on admission; Rule 6 permits judgment on admissions (including those in pleadings) and is discretionary but properly exercised here to grant the decree and draw a decree under sub-rule (2).

Court Disposition

Special Leave Petition dismissed

Orders

  • Delay in filing Special Leave Petition condoned
  • Petition dismissed and the impugned High Court judgment and decree affirmed