that
challenging the order passed by the Rent Controller dated
29.7.2013 whereby ejectment of the petitioner and respondent
No. 2 from the premises in question ... Appellate
Authority. Along with the appeal, an application for stay of
execution proceedings had been filed but the said application has
not been decided
ejectment petition
which was instituted on 12.5.2011. The respondent-tenant was proceeded
against ex-parte. The petition was allowed on 11.1.2013. However, during
execution proceedings
counsel for the
petitioners that suit of respondent, herein, for
eviction and ejectment was decreed in favour of the
respondent. Feeling aggrieved, father ... appeal
father of the petitioners died. Thereafter, respondent
filed application for execution and petitioners moved
application for restoration. Application for
restoration filed by the petitioners
succeed in his suit for specific
performance of agreement to sell, till execution of the conveyance
deed in pursuance to the decree ... legal defence available to the defendant in a suit for ejectment.
25. Now while applying the provision of Order XII Rule
Thus the status of the appellant/defendant even if the
execution of Agreement to Sell were to be believed, remained as
that of a tenant ... enters into an agreement for purchase thereof, cannot avoid
his/her ejectment therefrom as a tenant and only has a remedy of
specific performance
such he is not liable to be evicted. Plaintiffs vehemently
deny execution of the Agreement to Sell. They term the Agreement to Sell as forged ... point of view
of what the defendant states. Let his averment about execution of Agreement to Sell
and advancement of earnest money be accepted
Harish Kumar
filed an execution petition against the JD Hardeep Dhami wherein one
Smt. Rajpati Devi filed objections which are still pending disposal.
2. Meanwhile ... under
Order XXI Rule 35 read with Section 151 CPC in the execution petition.
She has claimed to be the real sister of Sh. Bhagwan
Thus, the ingredients of passing a decree of
ejectment/possession are existing and accordingly, decree of
ejectment in respect of the suit property as shown ... possession is delivered to him by the
defendant/received in execution of this decree. This submission is
noted.
(SUMIT DASS)
SCJ-cum-RC (North)
Rohini
suit
has been solely filed to harass her. She admits the execution of lease
deed and the receipt of the legal notice. However, she contends ... belatedly.
Dismissal of the suit was sought for.
In a suit for ejectment three aspects which have to be
proved on record/apparently decipherable
plaintiff argued that in written statement,
the defendant has admitted that execution of rent agreement dt.
11.10.2013 which was executed between the parties. The defendant ... also on non
payment of rent, tenant shall be liable for ejectment of premises. In
view of clear and unambiguous admission by defendant, plaintiff
