Injunction -- Permanent Injunction -- Tenancy Claimed on Basis of Lagan Receipts Without Lease Document -- Possession held that of licensee, later trespasser, suit dismissed
(i) Civil Procedure Code, 1908, O.6 Rr.1, 2 -- Pleadings -- Evidence Confined to Pleadings -- No evidence can be led beyond the pleadings of the parties. (ii) Civil Procedure Code, 1908, O.12 R.6 -- Judgment on Admission -- Standard for Admission -- An admission on the basis of which judgment is sought must be clear, unambiguous, unequivocal, and unconditional. (iii) Specific Relief Act, 1963, S.38 -- Permanent Injunction -- Tenancy Claimed on Basis of Lagan Receipts Without Lease Document -- Where the lease document is not produced, a plaintiff cannot be held to be a tenant merely on the basis of receipts of yearly Lagan. Possession in such circumstances can at best be treated as that of a licensee for a limited period, and thereafter as that of a trespasser, and a suit for permanent injunction founded on such possession is rightly dismissed.
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