arise at all and as such, they denied the very
execution of agreement of sale dated 22.09.1997.
9. They also contended that ... arise at all. On this
ground also they denied the execution of agreement by
Sri Basavaraju.
10. They further contended that plaintiff and her
husband
deem fit and in
accordance with such procedure as may be
prescribed, eject any person who is in wrongful or
unauthorised possession of the land ... exercise the powers of a revenue court in
relation to the execution of a decree for possession
of land under the Punjab Tenancy
suit, the plaintiff is not entitled
to maintain the suit for ejectment much less, suit for
11
arrears of rent. Secondly, he contended that ... that the plaintiff should be the owner before he
seeks for ejectment or arrears of rent. Therefore, finding
recorded by the trial Court is valid
consolidated costs of Rs.10/- the
petitioner do get a decree for ejectment against the
2
opposite party in respect of the case land ... hereof, failing
which the petitioner will be entitled to take
possession by execution of this order".
Being aggrieved by the said judgment and order
after referred to
as the " CPC ") for dismissing the execution application moved by the
respondent.
In brief, the respondent filed a suit ... referred to as the
"Tribunal") for possession by way of ejectment of the petitioner from the
building measuring 300 sq. yards, which
under Order 9 Rule 13 CPC for setting aside the ex parte
ejectment order dated 21.10.2009 has been dismissed. Challenge is also
laid ... respondent-Trust filed an ejectment application under Section 13 of The
East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the
SHIVANI GUPTA
question, the order dated 21.11.2013, passed by the
executing court in execution case No.1735/2010 vide
Annexure-'L'.
4. By the impugned ... refund the security
deposit. However, the petitioner has initiated execution
proceedings in execution case No.1735/2010 and taken
possession through the process of Court
tenant of the petitioner. There was a litigation between
the parties regarding ejectment on the ground of non-payment of arrears of
rent ... also alleged that the award had become infructuous because of execution of
rent note dated 10.07.1994 executed by Kasturi lal S/o Krishan
Since it is the composite premises & composite
tenancy, the suit for ejectment was maintainable before the
Civil Court in view of the bar under ... shall voluntarily vacate the
premises without forcing the respondent/plaintiff to file
execution petition.
Sd/-
JUDGE
also came to be dismissed.
2. Respondent herein filed a suit for ejectment in
O.S.252/2012 which came to be decreed by Judgment ... application for stay. Lower Appellate court
3
allowed I.A.2 and execution of Judgment and decree
passed in O.S.252/2012 came
