claiming to be the landlord of the premises filed an application for ejectment against Prakash Chand on the grounds of non-payment of rent ... date of hearing. Parkash Chand denied that he was liable to be ejected. He raised the plea that on Nov. 11, 1975, Sujan Singh father
Trust D/- 8-7-1941 executed by Ram Das Sen, instituted Ejectment Suit No. 278 of 1954 against the appellant for eviction from a part ... After the ejectment decree was affirmed in Second Appeal the respondent 2 Tarak Nath Sen sought to put the decree into execution by filing
immovable
property is entitled to obstruct the execution for defending his
illegal dispossession in the execution proceedings. The Apex
Court held ... been found in possession, he is entitled to
obstruct execution defending his illegal
dispossession in execution proceedings
and he is also independently entitled to file
decree-holder, who had secured the order of
eviction filed an execution petition which was dismissed by the
Executing Court citing the fact that ... execution stage. The Executing
Court has already held that the decree-holder will be competent to
file a fresh execution petition at any time
being argued by ld. counsel for the appellant that after
the execution of agreement to sell dt. 03.12.2010, the
relationship of landlord and tenant ceases ... property to the tenant
becomes irrelevant in a suit for his ejectment.
Agreement to sell does not invest any title in
the tenant; nor does
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
such he is not liable to be evicted. Plaintiffs vehemently deny execution of the
Agreement to Sell. They term the Agreement to Sell as forged ... point of view of what the defendants
state. Let their averment about execution of Agreement to Sell and advancement
of earnest money be accepted
suit for ejectment. In the present case also, in view of the
aforesaid authority, the defence taken by the defendant of an execution
of agreement
admitted facts of the case are to the
contrary. After the execution of the
alleged agreement for sale dated
20.07.1981, the appellant was totally
silent ... asked the owner to
complete the sale and that too after the
ejectment suit was filed in February 1991
by the owner. Thus
been completed according to law. This provision will prevent a transferor from ejecting a transferee who has in part-performance of the contract taken possession ... This will necessitate the completion of the transfer according to law by execution and registration in order that the transferee may get a marketable title
