Case Note & Summary
The Supreme Court allowed the appeal against the judgment of the Calcutta High Court, which had decreed eviction of the appellants (tenants) from a premises in Kolkata. The respondent-landlord had filed an eviction suit, and before the appellants could file a written statement, the landlord sought a judgment on admission under Order XII Rule 6 CPC, relying on a deposition made by appellant no.1 in another case where he stated that the tenancy was in his mother's name and that she had died in 2009. The Single Judge and Division Bench of the High Court held that this admission, combined with rent receipts in the mother's name, showed that the appellants were only tenants for five years after the mother's death under Section 2(g) of the West Bengal Tenancy Premises Act, 1997, and thus their right to occupy had expired. The Supreme Court found that the High Court erred in treating the statement as a clear admission. The Court emphasized that Order XII Rule 6 requires admissions to be unconditional, unequivocal, and unambiguous, and that a statement made in an unconnected case, which is a mixed question of fact and law, cannot be the basis for summary judgment. The Court noted that the tenancy originally devolved on the legal heirs under the 1956 Act, and the question of who is the tenant after the mother's death involves factual and legal issues that require a trial. The Court set aside the eviction decree and remanded the matter to the trial court for a full trial, allowing the appellants to file their written statement and contest the suit on merits.
Headnote
A) Civil Procedure - Judgment on Admission - Order XII Rule 6 CPC - Admission must be clear, unambiguous, unequivocal, and unconditional - A statement made in cross-examination in an unconnected case, where the tenant admitted that the tenancy was in his mother's name, does not constitute a valid admission for summary judgment, as it is a mixed question of fact and law and lacks the requisite clarity. Courts must exercise discretion cautiously to avoid depriving a party of the right to contest the claim. (Paras 3-4) B) Tenancy Law - Devolution of Tenancy - West Bengal Premises Tenancy Act, 1956, Section 2(h) and West Bengal Tenancy Premises Act, 1997, Section 2(g) - Under the 1956 Act, tenancy devolves on legal heirs ordinarily residing with the tenant at the time of death. Under the 1997 Act, tenancy devolves for a limited period of five years, except for the spouse. The question of who is the tenant after the death of the original tenant involves mixed questions of fact and law, and cannot be decided summarily on the basis of an alleged admission. (Paras 4-6)
Issue of Consideration
Whether the statement made by appellant no.1 in cross-examination in another case constitutes an 'admission' under Order XII Rule 6 CPC to decree eviction without trial, and whether the High Court correctly applied the law on devolution of tenancy under the 1956 and 1997 Acts.
Final Decision
The Supreme Court allowed the appeals, set aside the judgments of the Single Judge and Division Bench of the Calcutta High Court, and remanded the matter to the trial court for a full trial. The appellants are permitted to file their written statement within four weeks, and the trial court is directed to decide the suit on merits without being influenced by the observations made in the impugned judgments.
Law Points
- Order XII Rule 6 CPC requires clear
- unambiguous
- unequivocal
- and unconditional admissions
- judgment on admission cannot be based on statements in unconnected cases that are mixed questions of fact and law
- discretion under Order XII Rule 6 must be exercised cautiously
- tenancy devolution under West Bengal Premises Tenancy Act
- 1956 and West Bengal Tenancy Premises Act
- 1997
