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
passing the decree is
lacking inherent jurisdiction or that the decree under execution is a nullity
that an executing court can step in and entertain ... exception where the other co-owners are not agreeable to the ejectment of
the tenant and the suit is filed in spite of their disagreement
Facts of the case are as follows;
Petitioners - Plaintiffs instituted the ejectment suit against the
Respondent No.2 (Defendant No.1), M/s Shamji Devji ... decreed ex-parte on 14
th
October, 2002. Decree
was put to execution and possession warrant was issued. On
21
st
January, 2003, upon executing
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matter of payment of
rent and to seek an order of ejectment. The said contention was
refuted by the Supreme Court on the ground that ... there
was a defence about prior partition. Necessary pleadings about
execution of the sale deeds, which were either asserted or denied by
the parties were
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