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Showing contexts for: ejectment execution in Nakul Sharma vs Avtar Singh on 19 December, 2018Matching Fragments
Heard.
Learned counsel for the appellant submits that the shop in dispute was earlier under tenancy of Kiran Sharma. She had taken this shop from Bhupinder Singh vide rent note dated 01.03.2000. Respondent Avtar Singh after purchasing part of the property from sister of Bhupinder Singh, filed ejectment petition against Kiran Sharma on 13.08.2008, which was allowed on 22.01.2015. Against the ejectment order, Kiran Sharma filed appeal on 21.02.2015. During the pendency of the appeal, she entered into a compromise dated 10.02.2016 with Manpreet Singh son of Bhupinder Singh and under the compromise, she surrendered the possession in favour of Manpreet Singh and the appeal was withdrawn. Manpreet Singh thereafter let out the portion to objector/appellant Nakul Sharma vide memo of understanding dated 11.02.2016. Avtar Singh sought execution of the 1 of 3 ejectment order and on issuance of warrants of possession, the appellant filed objections, which were dismissed by the executing Court and the appeal filed by him was also dismissed. The appellant has independent right of tenancy under Manpreet Singh son of Bhupinder Singh, earlier landlord, as such, warrants of possession could not be executed against him.