earnest money at the time of execution of the agreement to sell. Admittedly, after the execution of the aforesaid agreement to sell, the respondents-tenants ... petitioners-landlords cannot get the respondents-tenants ejected on the grounds mentioned in their ejectment application. This order has been challenged in the instant writ
lease in existence, though it would not grant specific performance by decreeing execution of a lease. Such a contention seems to me to make ... buyer into possession pending the execution of the conveyance, to eject him when he is not in fault, is to enable the former
Judge, Central-10, Delhi in Suit
No.153/2009) on admissions for ejectment of the appellant from the first
floor of property No.246, Greater ... mesne
profits and as a condition for stay of execution of the decree for ejectment,
RFA 251/2011. Page 1 of 6
agreed
ejectment order had been claimed to have been passed against the petitioners and on that basis held that the moment the ejectment order had been ... statement suggesting that any ejectment petition had been filed previously or any ejectment order had been passed or that any execution proceeding was pending with
Gupta, judgment debtor no.1 of the present execution. Therefore, the pleadings in
the above two cases clearly shows and proves that ... suit, the object of the landlord is to eject the sub
lessee from the land in execution of the decree and such an object
petitionereven if
petitioner succeeds in suit for specific performance till execution of
conveyance deed, in his favour, he has no ground ... save
possessiondefence of agreement to sell not available in suit for
ejectment."
"Mere agreement to sell of immovable property does not create
Munsif, Ratangarh for ejectment against Noor Mohammed and a collusive decree was obtained on 27-11-1974 and on that basis execution was levied against
decree for ejectment was passed by the Civil Court, the protection of the Act was invoked at the time of execution as during the course
JUDGMENT
Lodge, J.
1. This appeal arises out of a suit for ejectment. The original plaintiff, Subodh Chand Mitter was the Receiver in charge ... assurance that there would be no occasion to eject him and he would never be ejected. I shall assume that "properly constructed" means
Transfer of Property Act, and filed the suit for ejectment of the defendants and to direct them to deliver vacant possession of the schedule premises ... remaining period of tenancy; that after the execution of the Agreement, the defendants handed over possession of the old building to the plaintiff who reconstructed
