TMI Blog2000 (7) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... rent with 50% increase, along with ₹ 2,300/- per month, on account of fittings and fixtures charges, with effect from September, 1996 till the date of handing over of the possession, in favor of the respondents (plaintiffs) against the appellant (defendant). 3. Facts giving rise to these appeals briefly are: that on 27.1.97 respondents(plaintiffs) filed two separate suits against the appellant (Defendant), seeking decrees of possession and mesne profits in respect of basement and ground floor of the suit premises, alleging therein that the plaintiffs had rented out the basement at ₹ 10,580/- per month and the ground floor at ₹ 18,250/- per month w.e.f. 12.9.93 for a period of three years, by two registered lease agreements dated 12th May, 1994; and under two other agreements dated 26.7.93, the defendant was to pay ₹ 2,300/- per month for fittings and fixtures; the defendant was also to pay electricity and water charges as per the bills received; the defendant failed to pay the electricity charges from October, 1994 and started deducting the same from the rent. In 1995 the defendant violated the terms of the tenancy, and was called upon to hand over the va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, 1994, without prejudice to their rights. 5. On 29.8.97 the trial court framed same set of issues in both the suits, which are: 1. Whether the defendant is a contractual tenant? If so, what is effect thereof? OPD 2. Whether the lease has been validly terminated or it stands terminated by efflux of time? OPP 3. Whether the suit is not maintainable in view of Sec. 53A of Transfer of Property Act? OPD 4. Whether the defendant is entitled to deduct the amount on account of electricity, if so, to what effect? OPD 5. Whether the suit of the plaintiff is not maintainable in view of preliminary, objection taken by the deft? OPD 6. Whether the defendant is not liable to pay the amount as alleged in written statement by the defendant and to what effect? OPD 7. Whether the plaintiff is entitled for the amount as claimed? OPP 8. Whether the plaintiff is entitled for damages, as claimed and at what rate and for what period? OPP 9. Whether the plaintiff is entitled for the interest, as claimed and to what extent? OPP 10. Whether the plaintiff is entitled for possession as claimed in the plaint, as prayed? OPP 11. Whether the plaintiff is entitled for decree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with the judgment and the decree shall bear the date on which the judgment was pronounced. 9. Bare perusal of the above rule shows, that it confers very wide powers on the court, to pronounce judgment on admission at any stage of the proceedings. The admission may have been made either in pleadings, or otherwise. The admission may have been made orally or in writing. The court can act on such admission, either on an application of any party or on its own motion without determining the other questions. This provision is discretionary, which has to be exercised on well established principles. Admission must be clear and unequivocal; it must be taken as a whole and it is not permissible to rely on a part of the admission ignoring the other part; even a constructive admission firmly made can be made the basis. Any plea raised against the contents of the documents only for delaying trial being barred by the section 91 and 92 of Evidence Act or other statutory provisions, can be ignored. These principles are well settled by catena of decisions. Reference in this regard be made to the decisions in Dudh Nath Pandey (dead by L.R's) Vs. Suresh Chandra Bhattasali (dead by L. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule or pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the court may, in its discretion, require the facts admitted to be proved otherwise than by such admission. 26. The proviso to this section specifically gives a discretion to the court to require the facts admitted to be proved otherwise than by such admission. The proviso corresponds to the proviso to Rule 5(1) Order 8 CPC. 27. In view of the above, it is clear that the court, at no stage, can act blindly or mechanically. While enabling the court to pronounce Judgment in a situation where no written statement is filed by the defendant, the court has also been given the discretion to pass such order as it may think fit as an alternative . This is also the position under Order 8 Rule 10 CPC where the court can either pronounce Judgment against the defendant or pass such order as it may think fit. 11. At this stage it would be useful to recall some factual contentions emerging from the pleadings: In 1995 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case, the trial court ought to have proceeded to try the suits and returned findings on merits. The impugned judgment and decrees are thus liable to be set aside and the suits deserve to be remanded for trial in accordance with law. 13. Since the matter is being remanded for trial, we deem it fit and expedient to order that the appellant shall pay to the respondents the arrears of rent and charges for fittings and fixtures payable under the agreements dated 12.5.94 and 26.7.93 between the parties in respect of the basement and the ground floor tenancies up to September, 1996 (the date on which the lease expired). And for the subsequent period the appellant shall pay to the respondents at the rate of last paid rent with an increase of 50% in respect of each of the tenancies towards damages for use and occupation charges Along with ₹ 2,300/- per month on account of fittings and fixtures with effect from October, 1996, without prejudice to the rights of the respective parties and subject to the result of the two suits. The appellant shall continue to pay use and occupation charges at this enhanced rate, till the final disposal of the suit, by the 7th of each month. The arre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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