- Application of Order XII Rule 6 of CPC (Judgment on Admissions):
- The court held that when the defendant’s written statement contains clear and unequivocal admissions regarding his status as a tenant or heir, the plaintiff is entitled to a decree for eviction without further proof of the facts admitted.
- Relevant Para: [T3, Para 42] — "The object of sub-rule (1) is to enable the plaintiff to get judgment on admission of the defendant to the extent of such admission..."
- Status of Dependents under the West Bengal Premises Tenancy Act, 1997:
- The court clarified that the dependent heirs of the original tenant, unless they are widows of the tenant, can only retain tenancy rights for up to 5 years from the date of the tenant’s death, as per Section 2(g).
- Relevant Para: [T4, Para 17] — "The plain reading of Section 2(g) indicates that the dependent heir of the original tenant unless she is the widow of the original tenant would be entitled to carry on as a tenant... for a period of 5 years from the demise of the original tenant."
- Legal Effect of Admissions in Written Statements:
- The court reiterated that pleadings, particularly written statements, when they include clear admissions, are sufficient for the court to pass a judgment under Order XII Rule 6, barring the defendant’s proof to the contrary.
- Relevant Para: [T6, Para 18-20] — "It is well-settled that law of legal arguments need not be pleaded... It would suffice if the necessary factual ingredients to satisfy Section 2(g) are pleaded in the written statement."
Rajiv Ghosh Vs. Satya Naryan Jaiswal:SLP (C) No. 9975 of 2025:07 April 2025:2025 INSC 467: Supreme Court of India
