SOMNATH SARKAR Vs. ATASI SAHA

JUDGEMENT

(1.) The plaintiff in a suit for recovery of Khas possession by evicting the defendants and for ancillary reliefs has preferred the instant revisional application against an order whereby the plaintiff's application under Order XII Rule 6 of the Code of Civil Procedure, for judgment on admission, was rejected by the trial court.

(2.) The plaintiff claims title to the property by virtue of a deed of settlement executed by the original owner, Kali Kanta Sarkar (since deceased) on May 11, 1963. The learned senior advocate for the petitioner argues that, on the basis of certain admissions made by the opposite parties in their written statements, the trial refused to exercise jurisdiction vested in it by law in not passing a judgment on admission.

(3.) The learned senior advocate places reliance on the statement made by the defendants in paragraph no.7 of the written statement to the effect that Rekha Sarkar and Sondhya Sarkar had the right to mortgage, sell or devise or in any way dispose of the said premises after the death of Saroju Bala Sarkar and their respective husbands.