ejectment by wrongly mentioning that the
execution of order dated 05.01.1984 was still pending on the ground of
arrears of rent for the purpose ... previous ejectment proceeding passed on
05.01.1984, the petitioners did not deposit the arrears of rent compelling the
respondents to file the execution application
husband and the execution of
the said document is proved, there is no
scope for challenging the claim to
ejectment by reference to the dismissal ... 24351 of 2017 -6-
execution of the said document is proved, there is no scope for challenging
the claim to ejectment by reference
Supreme Court.
Notice of motion for 20.07.2012.
Meanwhile execution of impugned ejectment order shall remain
stayed, subject to the condition that the petitioner deposits
Oral)
(1) The petitioner-Gram Panchayat has filed an Execution Petition
for ejectment of private respondents on the basis of an eviction order passed
under ... with a
direction to the DDPO, Thanesar to dispose of the Execution Petition
expeditiously, in accordance with the principle of natural justice preferably
within
exparte decree of ejectment was passed against the
plaintiff. During execution proceedings, the possession of the property was
taken by the defendant Gram Panchayat ... defendant. Admittedly, an appeal was preferred by the plaintiff
against the exparte ejectment order passed against him under Section 7(2) of
the Act which
arrears
of rent. Petitioners filed reply denying the averments made in the
ejectment petition.
Learned Rent Controller assessed provisional rent and fixed
the case ... issued and execution of the
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CR 4849/2016 243
order of ejectment
that possession has been taken in execution of the
order of ejectment passed by the Rent Controller, Ellenabad and only the
issue of mesne profits
which is 3 days after the execution
application had been filed and similarly, in order to avoid the ejectment
and to comply with the terms ... further cause of
action left with the respondent-landlord to pursue the execution petition
and the same is, accordingly, dismissed. It will always be open
decree
of ejecting the petitioner from the land in question, except in due course of
law. Respondents were constrained to file an execution application
undertaking,
the landlord also did not pursue the ejectment petition and gave a statement
that ejectment petition may be decided accordingly. Accordingly, the matter ... made on 3.12.2012 and the ejectment petition
was dismissed as withdrawn.
On account of non compliance of undertaking, execution was
filed on 11.12.2015 in which
