In Brief
The respondent challenged a demand for misuser charges of Rs. 42,11,604 after his sub-tenant illegally used a residential property for non-residential purposes. The sub-tenant was later evicted. The Single Judge decreed the suit, modifying the charges to Rs. 10,31,630 (the amount the respondent himself had admitted in his pleadings). The respondent then tried to retract this admission before the Division Bench. The Supreme Court held that a party cannot go back on express admissions in its own pleadings. The appeal was partly allowed, restoring the Single Judge's decree to end prolonged litigation and give finality to the dispute. Any amounts already paid were to be adjusted against the final decretal amount.
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