Joint and composite tenancy admissions can support eviction on admission without full trial under civil procedure.

A lease deed taken by four brothers together was treated as a joint and composite tenancy because the premises were let to them collectively on a single rent, and later correspondence did not displace that tenor. Where the admitted facts showed joint liability for rent, the statutory ceiling was crossed, and termination notice had been served, the court was entitled to act on those admissions and grant eviction without a full trial under Order XII Rule 6 CPC. The tenancy was therefore held to be composite rather than separate individual tenancies, and eviction on admission was upheld.

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Issues: Whether the tenancy created by the lease deed was a joint or composite tenancy, and whether the admissions in the pleadings and documents justified a decree for eviction under Order XII Rule 6 of the Code of Civil Procedure, 1908.

Analysis: The lease deed showed that the demised premises had been taken by all four brothers together as lessees, with a single monthly rent stipulated in toto. The subsequent correspondence did not displace the clear tenor of the lease deed or the admissions arising from the conduct of the parties. On the admitted facts, the rent was payable jointly and exceeded the statutory ceiling, and the notice terminating tenancy had also been served. In such circumstances, the court could act upon the admission and pass judgment without waiting for full trial.

Conclusion: The tenancy was a joint and composite tenancy, not separate individual tenancies, and the decree for eviction on admission was justified.

Final Conclusion: The challenge to the decree for eviction failed, and the refusal to interfere left the eviction order undisturbed.

Ratio Decidendi: Where the lease deed and admitted circumstances establish a joint/composite tenancy and the material facts necessary for relief are admitted, a court may grant judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908 without proceeding to full trial.

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