KARAN KAPOOR versus MADHURI KUMAR

KARAN KAPOOR versus MADHURI KUMAR

The decree and judgment passed by the Trial Court under Order XII Rule 6 CPC, as affirmed by the High Court, could not be sustained because the admissions in the pleadings were not clear and categorical in view of the defendant’s pleaded defenses based on Agreements to Sell (ATS-I, II, III) and part-performance; therefore the discretionary power under Order XII Rule 6 should not have been exercised to decide the suit without permitting a full trial. The matter is remitted to the Trial Court to decide the suit after affording parties opportunity to lead evidence, and the Trial Court must first decide and order payment/deposit of arrears and regular monthly rent as directed.

Parties
Appellant Defendant (tenant): Karan Kapoor; Respondent Plaintiff (landlord): Madhuri Kumar
Jurisdiction
India
Judgment Date
06 July 2022
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against High Court Judgment Upholding Trial Court Order Under Order XII Rule 6 CPC
Outcome
Appeal allowed in part. Judgment and decree of Trial Court and the High Court set aside to the extent they were based on Order XII Rule 6; matter remitted to Trial Court for full trial.
Legal Topics
Order XII Rule 6 CPC (judgment on Admissions), Eviction/possession, Agreement to Sell (ats), Specific Performance, Section 53 a Transfer of Property Act, Registration Act Section 17(2), Judicial Admissions
Civil Procedure Property Law Landlord Tenant Law Transfer of Property Order XII Rule 6 CPC (judgment on Admissions) Eviction/possession Agreement to Sell (ats) Specific Performance +3 more

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Parties

Karan Kapoor

Appellant Defendant (tenant)

Madhuri Kumar

Respondent Plaintiff (landlord)

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against High Court Judgment Upholding Trial Court Order Under Order XII Rule 6 CPC

Legal Issues

  1. 1 Whether a decree under Order XII Rule 6 CPC can be passed on admissions when the defendant pleads Agreements to Sell (ATS) and part-performance defenses requiring evidence
  2. 2 Whether execution of Agreements to Sell and alleged part performance extinguish the landlord-tenant relationship
  3. 3 Whether the admissions in the pleadings were clear and categorical so as to justify exercising discretion under Order XII Rule 6 without a trial

Ratio Decidendi

The decree and judgment passed by the Trial Court under Order XII Rule 6 CPC, as affirmed by the High Court, could not be sustained because the admissions in the pleadings were not clear and categorical in view of the defendant’s pleaded defenses based on Agreements to Sell (ATS-I, II, III) and part-performance; therefore the discretionary power under Order XII Rule 6 should not have been exercised to decide the suit without permitting a full trial. The matter is remitted to the Trial Court to decide the suit after affording parties opportunity to lead evidence, and the Trial Court must first decide and order payment/deposit of arrears and regular monthly rent as directed.

Court Disposition

Appeal allowed in part. Judgment and decree of Trial Court and the High Court set aside to the extent they were based on Order XII Rule 6; matter remitted to Trial Court for full trial.

Orders

  • Judgment and decree passed by the Trial Court under Order XII Rule 6 and affirmed by the High Court set aside.
  • Matter remitted to the Trial Court to decide the suit expeditiously after affording due opportunity to the parties to lead evidence.