Clear admissions of an allotted share justify judgment directing execution of a relinquishment deed.

The plaintiff and defendants jointly obtained 23 villas/row houses under a Joint Development Agreement dated 23 August 2010.

The plaintiff’s share was three villas, while defendants 1–5 received eight and defendants 6–9 received twelve.

The defendants admitted the respective allotments in their written statements.

The plaintiff sued for a mandatory injunction directing the defendants to execute a relinquishment deed concerning the three villas in the suit “B” schedule.

The trial court dismissed the suit, and the plaintiff appealed.

The High Court noted that the defendants had also stated they were willing to execute documents in the plaintiff’s favour.

Whether the defendants’ admissions concerning the plaintiff’s share in the three villas entitled the plaintiff to judgment under Order XII Rule 6 CPC.

Whether the trial court’s dismissal of the suit, despite those admissions, should be set aside.

Order XII Rule 6 of the Code of Civil Procedure, 1908 permits a court, at any stage of a suit, to pronounce judgment on admissions made in pleadings or otherwise.

Section 58 of the Indian Evidence Act, 1872 provides that facts admitted by the parties or deemed admitted under applicable pleading rules need not be proved, although the court may require proof notwithstanding the admission.

The High Court treated the defendants’ written statements as admissions that the plaintiff had received three villas and that the defendants were willing to execute the necessary documents.

It held that the trial court’s conclusion that no relevant partition or arrangement had been established was contrary to the pleadings and record, which reflected the parties’ respective allocations of the 23 villas.

Applying Order XII Rule 6 CPC read with Section 58 of the Evidence Act, the Court concluded that the admissions supported granting the relief sought.

No order as to costs was made.