proceeded against ex parte on 24.10.1997 and thereafter, ejectment
order was passed on 14.2.2000. The execution was filed for taking
possession but summons were received
brief facts of the case are that respondent No.1 filed
an ejectment application against respondent No.2, who happened ... execution on 17.12.2009 in which the judgment
debtor/tenant filed the objections. The objections were dismissed
but the appellant filed applications for staying the execution
ejectment and after getting the ejectment
decree, had to hand over the vacant possession of the shop at the
time of execution of the sale ... plaintiff had been requesting the sons of
the vendor to file ejectment application against Om Parkash which
was filed in the year
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
ejectment order has been passed and civil court has no
jurisdiction, tenant can always take this plea even at the stage of execution
decide the lis between the parties
even at the stage of execution as the tenant would have protection
of the provisions ... Rent Controller where he could file
appropriate application for seeking ejectment in terms of the
provisions of the Act.
Consequently, the present appeal is hereby
decide the lis between the parties
even at the stage of execution as the tenant would have protection
of the provisions ... Rent Controller where he could file
appropriate application for seeking ejectment in terms of the
provisions of the Act.
Consequently, the present appeal is hereby
after referred to
as the " CPC ") for dismissing the execution application moved by the
respondent.
In brief, the respondent filed a suit ... referred to as the
"Tribunal") for possession by way of ejectment of the petitioner from the
building measuring 300 sq. yards, which
tenant of the petitioner. There was a litigation between
the parties regarding ejectment on the ground of non-payment of arrears of
rent ... also alleged that the award had become infructuous because of execution of
rent note dated 10.07.1994 executed by Kasturi lal S/o Krishan
Vijay Kumar & Anr vs Rahul Malhotra on 2 December, 2014
Author: Rakesh Kumar Jain