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Showing contexts for: ejectment execution in Sanjay Saxena vs Vikram Vasudeva on 20 May, 2020Matching Fragments
14. Having noted the above and having carefully gone through the impugned judgment of the learned Trial Court and all the attending circumstances leading upto the application for recall, I have no manner of doubt that the appeal under consideration is meritless, both in law and facts; the appellant who is an admitted and continuing defaulter and owes a huge sum to the respondent, continues to occupy the suit premises without paying any rent to the respondent since March 2019. The appellant, as per his own case, is not only dealing in the business of gold and diamond jewelry but is also an aspiring politician and claims to have incurred huge expenditure while contesting the Lok Sabha elections in April 2019, which he lost and is stated to be the major reason for his inability to pay the admitted arrears of rent. This, however, cannot at all be a permissible reason to evade payment of rent and still to continue to occupy the rented premises. Before me, even though the appellant has vehemently urged that the written statement was filed on 12.05.2019 and ought to have therefore been considered by the learned Trial Court, interestingly the copy of the written statement filed along with the appeal paperbook shows that the same was signed on 06.09.2019. Be that as it may be, even if the written statement were to be taken into consideration, the appellant has absolutely no defence much less to say any plausible or legal defence to oppose the respondent's claim. Furthermore, it is an admitted position that repeated cheques issued by the appellant even in the course of ejectment proceedings as also in execution proceedings towards arrears of rent were dishonoured. In the light of the aforesaid facts, the learned trial Court was fully justified in decreeing the suit in favour of the respondent. The appellant has already stalled execution proceedings instituted by the respondent on one pretext or the other, for the last many months, and does not deserve to be shown any further indulgence.