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Showing contexts for: ejectment execution in Raghubir Goel vs Sushil Kumar Advocate on 15 October, 2012Matching Fragments
As is clear from the above facts, the entire endeavour of the petitioner(tenant) was to delay the proceedings and harass the landlord in one manner or the other and at no point of time the petitioner(tenant) was serious enough to challenge the proceedings in a fair manner and disentitle the respondent(landlord) by proving that he is in fact not the landlord.
CR No.6119 of 2012(O&M) #5# It is pertinent to point out here that the challenge to the maintainability of the proceeding itself can be made in the main ejectment proceedings and not in execution application as the Executing Court cannot go behind the decree/order and it is bound by the same. Since, the petitioner(tenant) has not been able to show sufficient cause for his non appearance before the court at the time of trial, this Court is of the opinion that the petition as well as the objections that have been raised are completely misconceived and the same are hereby rejected on merits as well.