dated 28.5.2010, Annexure
R/7. Thereupon, respondent-landlady filed execution petition for execution
of the ejectment order.
In the execution petition, appellants herein ... filing
frivolous and meritless objections, the appellants have delayed the
execution of ejectment order by at least two years although the ejectment
order had attained
year
2000. Thereupon respondent No.1 filed execution petition for execution of the
ejectment order.
Appellants herein filed objections in the execution petition alleging
that ... objectors alleged that they cannot be
dispossessed therefrom in execution of the ejectment order being directly
tenants of respondent No.1-decree holder
agreement dated 07.02.2006.
However, in spite thereof, the defendants filed execution petition for
executing ejectment order (Annexure P-1). The plaintiff sought temporary
injunction restraining ... find no ground to grant temporary
injunction to the plaintiff against execution of ejectment order passed by the
Rent Controller. Plaintiff has failed to make
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
3710 of 2012 (O&M)
-2-
ejectment petition was allowed vide ex parte ejectment order dated 25.11.2008
(Annexure P-1) by the Rent Controller ... lower Appellate Court. The tenants moved application
for staying execution of the ex parte ejectment order during pendency of their
appeal. The said application
petitioner that
objection to this effect could not be raised in execution petition, the same
cannot be accepted in peculiar facts and circumstances ... land for agricultural purpose in the
execution proceedings whereas already decree for ejectment had been
passed and was being executed. In these circumstances
with liberty to the petitioner to file
objections in execution petition if order of ejectment is passed in favour of
respondent No.1 against respondent
existence, execution and loss
of the original document. Nothing observed in this order shall have
any bearing on merits of the ejectment petition
