M.P. VIJAYAKUMAR Vs. G.B. PRAKASH

JUDGEMENT

(1.) The defendant before the trial Court has challenged the order on I.A.7 filed under Order 12 Rule 6 of CPC praying for passing of a judgment to dismiss the suit.

(2.) The defendant is stated to be the tenant under the plaintiff and the plaintiff having filed the suit for ejection, defendant submits that after partial crossexamination in light of the plaintiff having made certain statements which would indicate that the plaintiff did not have title, the suit was liable to be dismissed. It is contended that judgment could be passed taking note of the statements referred to in para 3 of the affidavit filed in support of the application, which statements according to the defendant amount to admission that the plaintiff did not have title.

(3.) The said application filed under Order 12 Rule 6 of CPC was opposed by way of objections filed by plaintiff who has controverted the contentions raised and has asserted that the plaintiff had title to the property and refers to the partition deed dated 07.07.2007 and the memorandum of family settlement between the plaintiff's mother and plaintiff's brother dated 09.09.2008. It is further contended that there are no admission that the plaintiff did not have title to the property as asserted by the defendant and no case is made out for invoking Order 12 Rule 6 of CPC.