proprietary or executability of the decree during the pendency of the execution petition, it would squarely fall under section 47 CPC and therefore, the decision ... judgment debtor. Originally the suit was filed by the defendant for ejecting him from the property after removing the superstructure in the suit property
which
C.R. No. 5569 of 2008 25
was a part of execution proceedings in Ramji Lal vs. Municipal Committee
showed that four persons were ... ejectment order is
specific and ejectment has been ordered as per para no. 1 of the plaint which
is in consonance with the description given
petition
on 11.05.2007. It was also pleaded that in earlier petition for ejectment of
the same tenant on the ground of non-payment of rent ... virtue of a lease deed dated 08.09.2003
which was before the execution of the sale Deed and he was in a portion
which
necessarily
same as contractual rate for loss occasioned by delay
in execution of decree for grant of stay. According to
Mr. Roychowdhury in tune ... from the
date of expiry of the lease and / or passing of ejectment
decree in the Trial Court (in case tenancy was governed
by rent
Kamalpati sold the house to the plaintiff, then Shiv Dayal
filed an ejectment petition against Maman Ram-husband of the plaintiff
titled as Shiv Dayal ... tenant in the house in dispute under Ram Kumar and
ejectment petition was allowed by the learned Rent Controller vide
judgment and decree dated
title arises, the writ petition should be dismissed and the order of
ejectment should be affirmed.
We have heard counsel for the parties. Admittedly ... therefore, dismiss the writ petition by
affirming the orders of ejectment but direct that they shall be kept in
abeyance during pendency of the petition
Civil Procedure Code for staying all further proceedings in the above said execution petition. In support of the said miscellaneous petition, the petitioner has filed ... that the respondent obtained exparte decree of ejectment by covering up the earlier round of litigation for ejectment filed against the petitioner, which ended
tenable as the petitioner was bound to pay the rent till the
execution of the sale deed as per clause 9 of the agreement ... money towards rent. The said agreement had nothing
to do with the ejectment petition filed under the provisions of Rent
Supreme Court that after the order of
ejectment, the contractual rate of rent comes to an end and the landlord is
not bound ... opinion reasonably compensate the
decree-holder for loss occasioned by delay in execution of
decree by the grant of stay order, in the event
aforestated suits are void-ab-initio. The Execution Court
should have dismissed the execution petitions on this
ground.
6
6. The learned counsel for respondent ... learned counsel for respondent would submit
that, aforestated suits were filed for ejectment, arrears of
rent and damages. The court of 26th Addl. City Civil
