Supreme Court · 2012 INSC 413 · Decided 20 September 2012
M/S Payal Vision LTD. v. Radhika Choudhary
- Court
- Supreme Court of India
- Citation
- 2012 INSC 413 · [2012] 7 S.C.R. 1160
- Case number
- CIVIL APPEAL No. 6734/2012
- Decided
- 20 September 2012
- Bench
- T.S. THAKUR, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 116; Transfer of Property Act Section 106; Rent Control Act
Headnote
CODE OF CIVIL PROCEDURE, 1908: c 0.12, r.6 - Judgment on admissions - Held: In a suit for recovery of possession from a tenant whose tenancy is not protected under the provisions of the Rent Control Act, plaintiff-landlord is required to establish the existence of jural relationship of landlord of tenancy either by lapse of time or by notice served - In the instant case, the averments made in the plaint and the written statement clearly establish admissions by tenant on both the aspects - Trial court was perfectly justified in decreeing the suit for possession filed by the
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