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2015 (8) TMI 1563 - SUPREME COURTDirection to Appellant-tenant to vacate and handover physical possession of the suit premises to the Respondent-landlord - Respondent-landlord alleges that Under Section 106 of the Transfer of Property Act terminating the lease, he sent a legal notice through speed post on 26.12.2011 - the Appellant-tenant denied having received any such notice - HELD THAT:- The words in Order XII Rule 6 Code of Civil Procedure "may" and "make such order..."show that the power Under Order XII Rule 6 Code of Civil Procedure is discretionary and cannot be claimed as a matter of right. Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the Defendants have raised objections which go to the root of the case, it would not be appropriate to exercise the discretion Under Order XII Rule 6 Code of Civil Procedure. The said rule is an enabling provision which confers discretion on the Court in delivering a quick judgment on admission and to the extent of the claim admitted by one of the parties of his opponent's claim. In the suit for eviction filed by the Respondent-landlord, Appellant-tenant has admitted the relationship of tenancy and the period of lease agreement; but resisted Respondent-Plaintiffs claim by setting up a defence plea of agreement to sale and that he paid an advance of Rs. 82.50 lakhs, which of course is stoutly denied by the Respondent-landlord. The Appellant-Defendant also filed the Suit for Specific Performance, which of course is contested by the Respondent-landlord. When such issues arising between the parties ought to be decided, mere admission of relationship of landlord and tenant cannot be said to be an unequivocal admission to decree the suit Under Order XII Rule 6 Code of Civil Procedure. An opportunity has to be afforded to the Appellant to put forth his defence and contest the suit and therefore, the matter is to be remitted to the trial court for a fresh hearing, however, subject to the condition that the Appellant should pay the arrears of rent at the rate of Rs. 44,000/- per month within a period of eight weeks - Having regard to the said order passed by the trial court, payment of sum of Rs. 1,00,000/- per month would also be subject to the final outcome of the eviction suit as well as the suit for specific performance. The matter is remitted back to the Rent Controller for consideration of the matter afresh and the appeals are allowed.
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