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        Case ID :

        2013 (8) TMI 1167 - HC - Indian Laws

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        Landlord-tenant admissions can support possession decree when lease expires and termination notice is treated as duly served. Admissions in the written statement can justify a decree for possession under Order XII Rule 6 CPC where the landlord-tenant relationship and the last ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Landlord-tenant admissions can support possession decree when lease expires and termination notice is treated as duly served.

                            Admissions in the written statement can justify a decree for possession under Order XII Rule 6 CPC where the landlord-tenant relationship and the last paid rent are not disputed. The defendants' pleas of renovation expenses, an alleged oral extension of the lease, and objections to the notice were found insufficient to displace those clear admissions. Once the registered lease expired without execution of a fresh lease deed, the occupation continued as a month-to-month tenancy terminable by notice under Section 106 of the Transfer of Property Act. The termination notice was treated as duly served, and the plaintiffs were entitled to possession.




                            Issues: Whether the plaintiffs were entitled to a decree for possession on the basis of admissions in the written statement under Order XII Rule 6 of the Code of Civil Procedure, 1908, and whether the tenancy stood terminated by notice under Section 106 of the Transfer of Property Act, 1882.

                            Analysis: The written statement did not dispute the jural relationship of landlord and tenant or the rent last paid. The defendants' pleas regarding renovation expenses, an alleged oral extension of lease, and objection to the notice were held to be insufficient to displace the clear admissions relevant to a suit for possession. Once the registered lease had expired and no fresh lease deed was executed, the possession continued as a month-to-month tenancy, terminable by notice. The notice of termination was treated as duly served, and the asserted defect in the notice was not accepted as a bar to relief.

                            Conclusion: The admissions were sufficient to justify a decree on admissions, and the plaintiffs were entitled to possession.


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                            ActsIncome Tax
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