MEENA D. THAKUR Vs. L. BALAKRISHNAMA NAIDU

JUDGEMENT

(1.) The present petitioner as a plaintiff instituted a suit in O.S.No.10525/2015, in the Court of the LIX Additional City Civil and Sessions Judge, Bangalore City (hereinafter for brevity referred to as "the Trial Court") against the present respondent, for recovery of the alleged sum of Rs.34,50,092.00 which is said to be inclusive of the alleged balance due of agreed amount of a sum of Rs.25,89,000.00.

(2.) The defendant entered his appearance and filed his Written Statement. Thereafter, the plaintiff filed I.A.No.II under Order XII, Rule 6 of the Code of Civil Procedure, 1908 (hereinafter for brevity referred to as "the CPC") seeking passing of a judgment on the alleged admission, said to have been made by the defendant in the Written Statement filed by him.

(3.) It was contended by the plaintiff in the said application that, the defendant since has admitted in his Written Statement, that he is due in a sum of Rs.25,89,000.00 payable by him to the plaintiff after getting the two tenants vacated from the suit schedule premises and since the two tenants have vacated, the defendant is liable to pay the said amount. An admission to that effect is also made in the Written statement.