property to the
appellant / defendant only at the time of execution of the Sale Deed. Thus
the said clauses of the Agreement to Sell nowhere ... Sell.
17. Thus the status of the appellant / defendant even if the execution of
Agreement to Sell were to be believed, remained as that
suit was a decree for possession over the house by ejectment of defendants Nos. 1 to 4 with the declaration that the plaintiffs ... portion of the house from Mangroo, who had purchased it in execution of a money decree passed in his favour by the Court of Small
Transfer of Property Act, 1882, the appellant was entitled to eject the respondent, with liberty to him to apply to remove the structures ... specific performance not been barred he could have claimed the execution of an instrument, which he could have registered, the appellant's suit being
tenancy rights of the plaintiff and that on the date of the execution sale, the tenancy rights of the plaintiff in the suit property were ... making out the defence of part performance to an action in ejectment by the owner as held by the Supreme Court in (Nathulal v. Poolchand
Temporary Civil and Sessions Judge, Mathura--one dismissing a suit for the ejectment of the defendant and the other decreeing a suit for specific performance ... Charan. Khayali Ram was put in possession of the plots after the execution of the agreement. On 20th January 1954 Kali Charan obtained his bhumidhari
established.
Accordingly, the respondents/plaintiffs were held entitled to
the relief of ejectment.
7. Though, the appellants/defendants had not produced the MoU
dated 25th ... tenant under the respondents/plaintiffs,
they are liable to be ejected upon determination of their tenancy, unless
the nature of their possession is found
landlord.
10. Sri M.A. Qadeer, learned Senior Advocate argued that execution of agreement to sell by respondent no.1 in favour of petitioner ... Section 21(1)(a) of Act 1972, by respondent no.1, for ejectment of petitioner from the disputed building was tenable and, hence, impugned orders
with the owner/landlord (plaintiff). At the
time of execution of sale agreement, he had paid `5,000/- towards advance
and remaining ... presence of the
witnesses. It was further pleaded that after execution of agreement Ex.P1 in
1986, he has not paid any rent
entitled to equitable relief & was entitled to resist the suit for ejectment--reliance was placed on the case of Walsh v. Lonsdale ... runs with the land and the defendant was not liable to be ejected.
11. Reliance was then placed on the case
husband, she acquired the interest of Fanindra at a court sale in execution of a money decree against the latter. The sale certificate ... been made parties to the suit, the claim to ejectment was not maintainable. Taking first the objection raised regarding Mrs. Nellie Sen Gupta
