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
Court in those proceedings. He urged
that the petitioners cannot obstruct the execution of a decree,
whereby two sale deeds dated 16.4.1979 and 21.6.1979,
executed ... been set at naught and an order of ejection has been
passed. Treading ahead with his arguments, learned counsel for
the respondents submitted that even
tenancy has been sublet, the tenant
shall be liable to be ejected only from such part, or
(vii) refuses to execute a Qabuliyat ... within a period of two months from the date of notice of
execution of decree or order, directing him to pay such arrears
of rent
order dated 8th June 2017 on I.A. No.2 made in
Execution No.1222/2017 on the file of the III Additional City
Civil ... 6322/2014 against the defendant/respondent no.2 -
Satish @ Satish Shetty for ejectment, arrears of rent and
for damages contending that the suit schedule property
binding precedent. This is a pure
question of law, whether due to execution of alleged sale
deeds dated 02.02.1982 and 20.09.1982 in favour of Inder ... judicata in the present suit based on fresh cause of action
of ejectment of tenant and title. In Employees Welfare
Association Vs .Union of India
said suit, inter-alia, was for recovery
of arrear rent and for ejection of the petitioner as well as one Narayan
Choudhury from the suit ... herein together with the said
Narayan Choudhury were held liable to be ejected from the suit premises on the
ground of sub-letting
Sale deed recitals clearly goes to
show that on the date of execution of sale deed the property
was vacant and as per rental agreement ... defendant argued that plaintiff has
filed the above suit for ejectment, therefore issue regarding
title based on adverse possession cannot be adjudicated by this
court
order, no rent was tendered and therefore, they were liable to be ejected. That
judgment was passed on 22.01.2005, after which the matter went ... current lis.
The plaintiffs in the present lis then filed an execution in that lis,
by which vacant possession of the site was handed over
favour of Inder Kumar Jain as null and void and also
ejectment of defendant/tenant from suit house under
Section ... Questions for determination in FA no.451/2003
i) Whether, due to execution of sale deed dated
02.02.1982 and 20.09.1982 tenancy stood extinguished
by merger
also contended by the revision
petitioner that the landlord had suppressed the execution of rental
agreement dated 01.06.1994 and that the petition ... maintainable, as the landlord can only file a civil suit for ejectment.
4. The Wakf Tribunal/ the Principal Subordinate Judge,
Nagapattinam, after full contest, allowed
