present 2 nd
defendant filed Execution Case No. 1091/2014 and
taken possession of the property in Execution No.
1091/2014. The present plaintiff challenged ... 2014 same was dismissed. Thereafter he
had filed Execution Case No. 1091/2014 and that
execution case the possession was delivered
denied a suggestion that as on the date of
execution of registered Sale Agreement itself, they were
aware of the same ... schedule property. Accordingly, they
have filed O.S.No.1012/2008 for ejectment, for damages
and for arrears of rent.
21. Defendant
vacate the premises and an execution petition was filed. It was
held that a decree for ejectment and possession can be made only ... question of nullity can be agitated even in the
execution proceedings. (Similar observations have been made in
Nagindas Ram Dass Vs. Dalpatram Ichharam
carbpl.1444.2019.docx
23. The objection which was raised in execution in the present case did
not relate to the subject-matter ... Small Causes,
Ahmedabad for ejecting the defendant tenant. The suit was eventually
decreed in his favour by this Court. During execution proceedings, the
defendant tenant
objection which was raised in execution in the present
case did not relate to the subject-matter of the suit. It was an
objection ... Small Causes,
Ahmedabad for ejecting the defendant tenant. The suit was
eventually decreed in his favour by this Court. During
execution proceedings, the defendant tenant
sought to
be enforced or relied upon, even at the stage of execution and
even in collateral proceedings. A defect of jurisdiction, whether ... appellant in execution. It is already held that it
is the Controller under the Act that has exclusive jurisdiction to
order ejectment of a tenant
severance, and
entitles the assignee on the expiry of the term to eject the
tenant from the land covered by the assignment. Section ... execution of the
deed of assignment and is not postponed till the notice of the
assignment is given right to ejectment which is inherent
order dated 07.02.2017, passed by the Munsiff No. 1 in Execution
Case No. 01/2016 relating to T.S. No. 24/2003.
The petitioner filed ... respondent praying for recovery of vacant
possession of the suit house after ejecting the respondent there from. The suit was decreed
ex-parte vide judgment
filed execution petition in E.P. No.3550 of
1993 as against one Mr.Syed Akbar, based on the judgment and decree for
ejectment made ... Obstructors preferred A.S. No.272 of 2002. The order of
the execution Court was confirmed in the Appeal and the present appeal is
pending
knowledge about the execution proceedings as well as the suit
proceedings. Therefore, the petitioners wantonly failed to appear before
the execution court and now come ... execution proceedings had arisen out of
judgment and decree passed in OS.No.339 of 1973 for ejectment as well
as claiming rental arrears
