VidhiSangh

Supreme Court of India · 04/10/2021

MOHD. RAZA & ANR. versus GEETA @ GEETA DEVI

[2021] 8 S.C.R. 772 · 2021 INSC 609

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld an eviction decree on admissions where the defendants denied being tenants “now” because they claimed ownership under an agreement to sell, while their specific-performance suit remained pending. On the pleadings as a whole, the claimed change of status admitted the plaintiff’s existing ownership and the first defendant’s tenancy; the agreement claim did not establish completed ownership. The decree was expressly made subject to the specific-performance suit’s outcome, and any existing injunction in that suit remained effective unless modified by the competent court.

Issues

  1. Whether the written statement contained sufficient admissions of ownership and tenancy for a decree under Order XII Rule 6.
  2. Whether the pending specific-performance suit established the second defendant’s ownership.
  3. How the decree interacted with that pending suit and any injunction granted there.

Provisions considered

Held

Result

Appeal dismissed and decree on admissions confirmed, subject to the pending specific-performance suit and preservation of any injunction there unless duly modified. No costs.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 772.