Land Act, 1961 (for short
'the Act of 1961') for ejectment of the petitioner who had made
encroachment on the passage. Those proceedings ... Gurgaon, dismissing the revision is dated 17.9.1998. Respondent No. 1
filed an execution and affidavits of the Sarpanch of Gram Panchayat of
two villages Sherpur
whole case on the fact that on the day of the execution of the rent-deed, property has been purchased by him hence ... cannot be said that the courts below have converted the suit for ejectment into one of title. Plaintiff-appellant has relied on the judgments
party
nos. 1 and 2.
The eviction decree is challenged in filing
Ejectment Appeal No. 10 of 2013 before the learned
Additional District Judge, Sealdah ... Parganas
(South). In the said appeal an application for stay of
the execution proceedings was taken out, which came
to be disposed of by order
running in 2 paragraphs, was as follows:
"This suit is for ejectment of the defendant from a Gher (House) as per details given ... necessary evidence.
The suit is ex parte decreed with costs for the ejectment of the defendants from the suit property as for the recovery
rents. The said Smt.K J V
Jayalakshmi filed a suit for ejectment against the tenant viz.
the 8th respondent herein ... decree,
legal heirs of Smt.K.J.V.Jayalakshmi filed Execution Petition
in E.P.No.1819/2011. In the said execution petition, an
application
filed a suit
against his tenant, namely, Sawan Ram for seeking his ejectment
and realization of arrears of rent. During the pendency of the suit ... amended with the result that the grounds on which the
ejectment of the tenant was sought from the shop in dispute was
no more available
heirs i.e. Mohd. Siddiq and Smt. Inayati Begum continued despite execution of sale deed dated 16.6.1947 and 15.10.1947.
4. The petitioners' predecessors ... been paid after 15.10.1948 and therefore, the defendant-petitioners are liable for ejectment.
6. The suit was contested by petitioners, stating that plaintiffs
case where the landlords had obtained a decree for ejectment
against the tenants. After the decree was made, the Calcutta Thika
Tenancy Act, 1949 came ... into force. The decree had not yet been put
for execution. The tenants preferred an application under Section 28 of
the said Act for rescission
suit registered as S.C.C. Suit No. 51 of 1999, for ejectment, rent and damages against the revisionist. During the pendency of the same ... been satisfied, so the landlord/Rajendra Kumar Sharma/decree-holder filed an execution Case No. 01/2002 ( Rajendra Kumar Sharma Vs. Amit Kumar ). In spite
restored as such. In other words, on the date of execution of the aforesaid agreement of sale their status as that of landlord and tenant ... tenant in the case in hand having also ceased, suit for ejectment, treating petitioner as tenant, before Small Cause Court was not maintainable
