exparte ejectment order passed against them. It would, however,
depict that due opportunity of hearing was given to the plaintiffs before
passing of ejectment order ... process of law and is seeking to remove the encroachment by execution
of ejectment order passed under section 7 of the Act. Consequently, no
injunction
failed in both the
courts below, has filed this Execution Second Appeal.
Appellant filed ejectment petition under Section 13 of the East
Punjab Urban Rent ... allowed the said ejectment petition. Petitioner DH filed execution petition
for execution of the ejectment order. Respondent no.1 - Objector Jagdev
Kaur filed third party
against respondents. Learned Rent
Controller allowed the said ejectment petition vide ejectment order dated
12.10.2001 on the ground that the tenants were in arrears ... above order of this Court. Nevertheless
the landlady insisted on execution of the ejectement order alleging that full
amount of interest had not been paid
itself
is a clever ploy to defeat and delay the execution of the ejectment
order obtained by the defendant.
2. I find that there ... liberty to
execute the order of ejectment, which he has obtained and in the
manner of execution if there is any obstruction, the Executing Court
Grewal in whose favour ejectment order was passed died on July
12, 2011. His widow Jagdeep Kaur filed the execution petition claiming ... tenant to prolong the litigation and
to avoid execution of the ejectment order by raising one objection or the
other.
I thus find no merit
They were at the most
unauthorized sub tenant liable to be ejected in execution
proceeding.
In the light of above discussion, all the
objections/petitions
appellant is as tenant at
sufferance and is liable to ejectment in due course
of law. But his possession is not legal nor lawful ... appellant may
remain in possession until he is ejected in due
course in execution of the decree in the suit filed by
the respondent
order of ejectment against Anokh Singh on
6.8.1984 was also admitted. The defendants took a stand that after the
passing of the ejectment order Anokh ... suit had been instituted to take advantage of the non-
execution of the ejectment order. The possession of the plaintiff over the
suit land
with no other option but to pass the eviction order. Accordingly, the
ejectment application was allowed without issuing notice of the application
to the tenant ... fixed. The landlord, in the
meanwhile, filed an application for execution of the ejectment order before
the trial Court which was supported by an affidavit
execution of decree dated 5.1.1984.
The petitioner has contested the averment made in the
reply regarding the grounds which were advanced for ejectment ... issue concerning the effect of the earlier ejectment, the Assistant
Collector has clearly observed that the execution pursuant to the
order of eviction passed
