Annexure P/6 by this Court, Manjit Kaur
did not contest the ejectment petition. This contention would reveal as to
why the instant suit ... petition thereafter and
present suit is a device to frustrate the execution of ejectment order which
is stated to have been passed again against Manjit
likely to change the altogether plea taken by the
petitioner for ejectment of respondent from the
property in dispute. Even otherwise, the said order ... when he got the possession of the aforesaid shop
in execution of ejectment order dated 08.03.2010. It is also a matter of
record that
landlord filed an ejectment application which was dismissed by the Rent Controller. The landlord succeeded in appeal and an order of ejectment was passed ... Civil Revision No. 1891 of 1992 filed by the tenant-Firm, {execution of ejectment order was stayed subject to the deposit of entire arrears
respondent or his father was
aggrieved with the order of ejectment and execution of warrants of
possession, the appropriate remedy was to have challenged
Punjab Tenancy Act, according to which
execution of an order of ejectment cannot be
done earlier than 1st May in a particular year.
Referring ... exist after the passing of an order of ejectment
against the tenant. Dispossession in execution of the order is not necessary
for determination of tenancy
instalment, as stated above, he would be deemed to be ejected from the premises in question forthwith. However, the landlady will be entitled ... recovery of the agreed amount. She can file the execution for ejectment or for the recovery of the amount, to which the respondent will
ejectment. Therefore, the ejectment order dated 7.6.1990 is a nullity being an order without jurisdiction and the same cannot be implemented by way of execution ... petitioner that for implementing an ejectment order passed by the Assistant Collector 1st Grade, execution application has to be filed and that too within
Punjab Tenancy Rules, 1909, Rule 10 provides for execution of order of ejectment etc. The said rule is as follows:--
"Orders of ejectment from ... have the same powers which the Civil Court has for execution of decree of ejectment from or delivery of possession of that property. The said
Limitation Act and for stay of execution of the impugned ejectment order.
Meanwhile, the respondent/landlord initiated execution proceedings,
prompting the petitioner to file objections ... Limitation Act and for stay of execution of the impugned ejectment order.
Meanwhile, the respondent/landlord initiated execution proceedings,
prompting the petitioner to file objections
landlord.
66. Improvements begun in anticipation of ejectment- A
tenant ejected in execution of a decree or in pursuance of a
notice of a notice ... suit by a tenant to contest his liability to ejectment
or by a landlord to eject a tenant or to enhance his rent the
Court
