Order 7

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. VIVEK BENIWAL
SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER, EAST,
KARKARDOOMA COURTS, DELHI
SUIT No.:- 458/2025
CNR No.:- DLET03-000711-2025
IN THE MATTER OF:-
Devender Gaba & Ors.
….......Plaintiff
Versus
Kishan Chand Sharma
….......Defendant
ORDER ON AN APPLICATION UNDER ORDER XII RULE 6
R/W SECTION 151 OF CPC.
1. By this order, I shall dispose an application under Order XII
Rule 6 r/w Section 151 of Code of Civil Procedure, 1908 (hereinafter
referred to as “the CPC”) which was moved by or on behalf of
applicant/Plaintiff.
2. Before proceeding further with the present application under
Order XII Rule 6 of CPC, the Court deems it fit to mention the
relevant facts which are inevitable to be discussed here for the purpose
of deciding the present application under Order XII Rule 6 of CPC.
3. It is the case of the Plaintiff that he is the owner of the suit
property bearing no. 9/60, third floor, situated in the abadi of Geeta
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Colony, Delhi- 110031 comprising of a balcony, four bed rooms,
toilet-cum-bathroom, kitchen (hereinafter called ‘premises’).
4. Sometime in the year 2016, the defendant approached the
plaintiffs and requested that the subject premises be let out to the
defendant on rent. Action upon the request of the defendant, the
plaintiffs inducted the defendant as a tenant in the subject premises for
a fixed term of eleven months at a monthly rent of Rs.11,000/-
(Rupees Eleven Thousand Only).
5. That upon the expiry of the initial term, the tenancy was orally
renewed for another term of eleven months with subsequent increase
in rent as mutually agreed by both the parties. Most recently, the
tenancy was renewed effective from March 01, 2024 for an additional
term of eleven months by way of a duly notarized Rent Agreement
executed between the Defendant and the Plaintiffs on April 20, 2024.
Since then, the Defendant had continued to stay as a tenant under
Plaintiffs' ownership / landlord-ship of the subject premises, subject to
the terms of the said Rent Agreement by way of which the rent of the
premises was enhanced to Rs. 15,500/- (Rupees Fifteen Thousand
Five Hundred Only) per month.
6. That the said Rent Agreement got expired by efflux of time on
31.01.2025. Unfortunately, despite expiry of the said Rent Agreement
and despite repeated requests and reminders, the Defendant failed to
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vacate and handover the peaceful possession of the subject premises
back to the Plaintiffs.
7. That, since the Plaintiff did not wish to keep the Defendant as
tenant anymore in the said suit premises and since the tenancy of the
Defendant was on a month-to-month basis, the Plaintiffs through their
lawyer sent a legal notice on April 21, 2025 terminating the tenancy of
the Defendant with effect from the midnight of May 08, 2025 and
directed the Defendant to handover the vacant & peaceful possession
of the demised premises to the Plaintiff on or before May 08, 2025.
The said Notice was duly served upon the Defendant. Despite service
of the said notice no reply has been received from the Defendant.
8. The Defendant, in the Written Statement, has denied all the
averments made in the plaint and has raised various preliminary
objections regarding maintainability of the suit, alleging concealment
of material facts, lack of cause of action, absence of jurisdiction, and
abuse of process of law. The Defendant has contended that the
Plaintiffs have filed the present suit with malafide intentions to
forcibly evict the Defendant from the suit premises by making false
and frivolous allegations. It is further the stand of the Defendant that
although the earlier tenancy expired on 31.01.2025, the same was
orally extended for a further period from 01.02.2025 to 31.12.2025 on
mutually agreed terms at a monthly rent of Rs.15,500/- excluding
electricity and water charges, and that rent has been paid up to
20.07.2025 along with other charges. The Defendant has also denied
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receipt/service of the alleged legal notices dated 01.01.2025 and
21.04.2025 and has asserted that since the Plaintiffs continued to
accept rent, the filing of the present suit is illegal and unlawful. It is
further pleaded that the Defendant is not liable to pay any amount
claimed in the suit and that the plaint deserves rejection under Order
VII Rule 11 CPC, with a prayer that the preliminary objections be
decided as preliminary issues before proceeding further with the trial.
9. That pursuant to the filing of the present suit and on being
served with the summons of the Suit, the Defendant filed its Written
Statement. From the bare perusal of the said Written Statement, it is
evident that there have been clear admissions of facts by the
Defendant and no specific plea has been taken in the same and there
have been mere bald denials in the said Written Statement of the
Defendant. The Defendant in its Written Statement clearly and
unequivocally made the following admissions:-
(a) The Defendant in its Written Statement has categorically admitted
the fact that the Plaintiff is the lawful and absolute owner and landlord
of the suit premises.
(b) The Defendant has also admitted in its Written Statement the fact
that he was inducted as a tenant in the suit premises.
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(c) Further, the Defendant in its Written Statement has not challenged
or denied any assertion made in the Plaint with respect to the rate of
Rent.
10. Arguments have been heard on behalf of parties and record has
been perused. Order XII Rule 6 is reproduced below:
“Judgment on Admissions: (1) Where Admissions of fact have
been made either in the pleading or otherwise, whether orally or
in writing, the court may at any stage of the suit, either on the
application of any party or of its own motion and without
waiting for the determination of any other question between the
parties, make such order or give such judgment as it may think
fit, having regard to such admissions.
(2) Whenever a judgment is pronounced under sub-rule (1), a
decree shall be drawn up in accordance with the judgment and
the decree shall bear the date on which the judgment was
pronounced.”
11. In M/s Everest Kanto Cylinders Limited vs. M/s Agro Impex
(I) Private Limited [CS (OS) 564/2009 & I.A. No.3680/2010] it was
observed by Hon'ble High court of Delhi that-
“A plain reading of Order XII Rule 6 CPC makes it abundantly
clear that it is open to the court to pass a judgment on
admissions in the pleadings or otherwise. The said provision
clearly indicates that it is open to the court to pronounce the
judgment on statement made by the parties and documents on
record can be taken note of, dehors the pleadings. Admission
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may be made either specific or constructively. If the court is
satisfied that the admission made by a party is unambiguous, a
decree can straightaway be passed without taking recourse to
trial.”
12. It is an established position of law that is an enabling,
discretionary and permissive provision where the Court is of the
opinion that it is not safe to pass a judgment on admissions, or that
case involves questions which cannot be appropriately dealt with and
decided on the basis of admissions, it may, in exercise of his
discretion, refuse to pass a judgment and may insist upon clear proof
of admitted facts (re: Uttam Singh vs. United Bank of India 2007
SCC 120).
13. In view of the inconsistent versions presented by the defendant,
the court is of the considered opinion that the plaintiff has successfully
satisfied the requirements for a judgment on admissions. Accordingly,
a decree is hereby passed under Order XII Rule 6 of the Code of
Civil Procedure.
14. In view of the above mentioned, the present application under
Order XII Rule 6 of CPC is disposed as allowed and a decree of
eviction is passed in favour of the plaintiff in respect to the suit
property i.e. 9/60, third floor, situated in the abadi of Geeta Colony,
Delhi- 110031 comprising of a balcony, four bed rooms, toilet-cum-
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bathroom, kitchen as shown in green color in the site plan, within a
period of one month from today.
15. The decree sheet be prepared accordingly.
Announced in open court
on this 22nd May, 2026.
Vivek Beniwal
Senior Civil Judge-cum-RC (East)
Karkardooma Courts, Delhi
This judgment consists of 7 pages and each and every page of this
judgment is signed by me.
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