The SC further said: “In the suit for eviction filed by the respondent-landlord, appellant-tenant has admitted the relationship of tenancy and the period of lease agreement; but resisted respondent-plaintiff’s claim by setting up a defence plea of agreement to sale and that he paid an advance of Rs.82.50 lakhs, which of course is stoutly denied by the respondent-landlord. The appellant-defendant also filed the Suit for Specific Performance, which of course is contested by the respondent-landlord. When such issues arising between the parties ought to be decided, mere admission of relationship of landlord and tenant cannot be said to be an unequivocal admission to decree the suit under Order XII Rule 6 CPC.”
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6106-6108 OF 2015
(Arising out of SLP (C) Nos. 4987-4989 of 2015)
S.M. ASIF V VIRENDER KUMAR BAJAJ
Dated;August 12, 2015
R. BANUMATHI, J.
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6106-6108 OF 2015
(Arising out of SLP (C) Nos. 4987-4989 of 2015)
S.M. ASIF V VIRENDER KUMAR BAJAJ
Dated;August 12, 2015
R. BANUMATHI, J.