Suit was filed by the landlordrespondent no. 3 seeking
ejectment and arrears of rent against the petitionertenant. The
matter was referred ... default,
the plaintifflandlord was entitled to recover the same and eject the
tenantpetitioner. When the petitioner failed to comply with the terms
Executing court finding that
applicant was wrongly ejected from the house in question in pursuance
to the execution in decree, allowed her application. Ever since
question. SCC suit filed by respondent-landlord for arrears of rent
and ejectment was decreed which was maintained up to this Court
vide judgment ... premises which was being retained by them.
The decree was put to execution. Execution was objected by the
petitioners on the ground that landlord
applicant.
Landlord-respondent filed SCC Suit no. 63 of 2008 for ejectment
and arrears of rent against tenant-applicant. Suit was decreed by
means ... application under Order IX
Rule 13 C. P. C. stayed the execution of the exparte decree subject
to the conditions the applicant deposits
learned counsel for the petitioner.
Suit filed by the plaintiff respondent seeking ejectment of the petitioner from
the land in dispute was decreed ... construction standing thereon, the suit was dismissed. The decree was put to
execution. The execution proceedings, it appears, were being delayed on one
pretext
order dated 22.05.1992 decreeing the suit filed by the
plaintiffrespondent for ejectment and arrears of rent. Order sheet
indicates that notices were issued ... pending for 18 years without there
being any interim order staying the execution of the decree.
The explanation submitted for delay in filing the revision
Heard learned counsel for the petitioner.
Suit filed by the petitioner seeking ejectment and arrears of rent against the
respondent no.3 was decreed ... said decree was put to execution. Vide order dated
26.11.2009 the executing court directed police assistance for execution of the
decree. Before the decree could
aforesaid period.
The considering the facts and circumstances of the case, the ejectment of the
applicant from the premises in dispute in pursuance ... vacated and the decree shall be liable
to be put up to execution.
Order Date :- 4.2.2010
sks-grade
