Order XII Rule 6 CPC requires clear admission; possession decree failed where tenant raised an agreement-to-sell defence.

Order XII Rule 6 CPC can be invoked only on a clear and unequivocal admission. Where the tenant raises a defence going to the root of the dispute, including an asserted agreement to sell and payment of substantial advance consideration, the mere admission of the landlord-tenant relationship and lease period is insufficient for judgment on admission. The dispute then requires full adjudication, and the defendant must be allowed to contest the suit. The decree for possession passed on admission was therefore not sustainable, and the matter was remitted for fresh consideration with the order set aside.

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Issues: Whether the decree for possession could be sustained under Order XII Rule 6 of the Code of Civil Procedure, 1908 despite the tenant's defence of an agreement to sell and payment of advance consideration.

Analysis: The power under Order XII Rule 6 of the Code of Civil Procedure, 1908 is discretionary and is meant for cases of clear and unequivocal admission. Where the defendant sets up a defence that goes to the root of the dispute, such as an asserted agreement to sell and payment of substantial advance consideration, the mere admission of landlord-tenant relationship and lease period does not necessarily justify a judgment on admission. In such a situation, the controversy requires a full adjudication and the defendant should be afforded an opportunity to contest the suit.

Conclusion: The decree passed on admission was not sustainable, and the matter was liable to be remitted for fresh consideration. The order was therefore set aside in favour of the appellant.

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