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september 2024

Supreme Court of India · 2024-09-20

Rajesh Mitra @ Rajesh Kumar Mitra vs Karnani Properties Limited

Citation / case number
2024 INSC 719
Court
Supreme Court of India
Petitioner
Rajesh Mitra @ Rajesh Kumar Mitra
Respondent
Karnani Properties Limited
Author
Sudhanshu Dhulia
Bench
Sudhanshu Dhulia

Judgment text excerpt

The Supreme Court held that the Calcutta High Court erred in granting eviction based solely on an alleged admission made by the appellant in an unrelated case, which did not meet the criteria for 'judgment on admission' under Order XII Rule 6 CPC. The Court emphasized that such admissions must be unconditional, unequivocal, and unambiguous, and the reliance on a deposition from another case was inappropriate. Consequently, the Court set aside the eviction order, reinforcing the need for proper legal standards in tenancy disputes under the 1997 Act.

Rajesh Mitra @ Rajesh Kumar Mitra vs Karnani Properties Limited · Niyam