Case Note & Summary
The plaintiff, Nitin Chandrakant Patel, a senior citizen and sole proprietor of M/s. Mahalaxmi Land Development, filed a suit against Pariwar Co-operative Housing Society Ltd. and its office bearers (defendants) seeking a decree for execution of a deed of conveyance and power of attorney and for possession of a land admeasuring 5,412 sq.mtrs. bearing CTS No.1196-E at Village Kanjur, Taluka Kurla, Mumbai Suburban District. The plaintiff claimed that the defendants had agreed to sell the suit property to him and had received full consideration, but failed to execute the conveyance. The plaintiff filed an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) for a decree on admissions, relying on admissions made by the defendants in their written statement. The defendants admitted the agreement and receipt of consideration but raised certain defenses. The court examined the provisions of Order XII Rule 6 CPC, which allows the court to pass a judgment on admissions at any stage of the suit. The court found that the admissions in the written statement were clear, unambiguous, and unequivocal, and that the defendants had not raised any triable issues that would require a trial. Consequently, the court allowed the application and passed a decree directing the defendants to execute the deed of conveyance and power of attorney and hand over possession of the suit property to the plaintiff. The court also ordered the defendants to pay costs of the application.
Headnote
A) Civil Procedure - Judgment on Admissions - Order XII Rule 6 CPC - Decree on Admissions - The court may pass a decree on admissions if the admissions are clear, unambiguous, and unequivocal. The admissions must be of such a nature that they entitle the plaintiff to the relief sought without requiring a trial. (Paras 2-4) B) Property Law - Conveyance of Property - Specific Performance - Suit for Execution of Deed of Conveyance - The plaintiff sought a decree directing the defendants to execute a deed of conveyance and power of attorney and hand over possession of the suit property. The defendants admitted the agreement and receipt of consideration in their written statement, leading to the court granting the decree. (Paras 1, 5-6) C) Civil Procedure - Admissions in Pleading - Effect of Admissions - Admissions made in the written statement are binding on the defendants and can be used to pass a decree under Order XII Rule 6 CPC. The court held that the admissions were sufficient to grant the relief without further trial. (Paras 5-6)
Issue of Consideration
Whether the plaintiff is entitled to a decree under Order XII Rule 6 CPC based on admissions made by the defendants in their written statement.
Final Decision
The court allowed the application under Order XII Rule 6 CPC and passed a decree directing defendant nos.1 to 3 to execute the deed of conveyance and power of attorney with respect to the suit property and to hand over possession of the suit property to the plaintiff. The defendants were also directed to pay costs of the application.
Law Points
- Order XII Rule 6 CPC
- judgment on admissions
- decree on admissions
- admission in pleading
- admission in written statement
- conveyance of property
- specific performance
