Section 84 (1) (a) of the Act prescribes as follows:-
―84. Ejectment of persons occupying land without title - [(1)
(Note: Renumbered ... holding of a Bhumidhar
or Asami Shall be liable to ejectment on the suit of the
Bhumidhar, Asami or Gaon Sabha, as the case
appearance fixed in the suit. Thus, the defendant is liable to be ejected from the house in question with costs.
In Atar Singh and others ... Supreme Court that the validity of a decree can be challenged in execution proceedings only on the ground that the Court which passed the decree
suit filed by the plaintiff-revisionist for arrears of rent and ejectment has been dismissed.
Brief facts of the case are as follows;
Plaintiff-revisionist ... ejectment was filed by the plaintiff-respondent. The said suit was decreed by the Judge, Small Causes by order dated 19.11.2003 followed by an execution
from the documents on record on the basis whereof decree for
ejectment under Order 8 Rule 10 of the CPC can be passed. The learned ... Builders Pvt. Ltd. (defendant no.2) in its favour. The
execution and registration of this sale deed was an admitted
fact.
(ii) By virtue
respondent in its written statement has admitted the following
contents :
a. The execution of the lease deed dated 25th June, 2007, i.e. the
landlord ... legal
defence available to a tenant in a suit for ejectment filed by the landlord
since the tenant would continue to be as before
suit for specific performance of agreement to
sell, till the execution of a conveyance deed in pursuance to
the decree, if any, in favour ... legal defence available to the
petitioner in the suit for ejectment. If that be so, there is no
common question involved in the previously instituted
under a compromise. This fact, itself
is sufficient to prove the execution of sale deed Ex.D-1 and D-2,
which took place prior ... terminated by way of legal mechanism either by way of lawful
ejectment or by way of relinquishment by the tenant. In the afore-
cited case
said suit, the Plaintiff took a
plea that after the execution of the lease agreement,
the Defendant showed his willingness to sell the suit ... damages before the
Court of the District Judge, Saket, New Delhi for
ejectment of the Plaintiff. The Plaintiff thereafter filed
the present suit for specific
counsel for the respondent
argues that the appellant has not admitted the execution of this agreement
and the Court below have also not relied upon ... Urban Rent Restriction Act, 1949
and the landlord can always seek the ejectment of the tenant on the
grounds available to him under the above
parties on
record, both the Courts have held that execution of the lease deed
had been duly admitted by the petitioner but the petitioner ... arrears of rent, the Courts
below had rightly ordered the ejectment of the petitioner.
On 25.2.2005, following order was passed by this
Court
