That the present petitioner has filed the present
petition for the ejectment of the respondents from
the entire ground floor and a room measuring ... present petition is liable to be dismissed
in view of the execution of the fresh lease deed
executed between Mahesh Batra (HUF) and the
respondents
Civil Writ Petition No.2792 of 1986 (O&M) -5-
execution of qabuliyatnama or patta in respect of the land. I must
point ... other hand, there had been "merely" an order of ejectment
but no further formalities had taken effect. In this case on a matter
hearing under Order XLI, rule 11 of the
Code of Civil Procedure .
Ejectment Suit No. 15 of 2007 was instituted against one
Mohanlal Agarwala ... judgment and decree dated November 18,
2008. The decree was put to execution. The appellants filed an
application under Order 21, rules
vacated, could never agree to sell the property in favour
of the ejected tenant.
The question that arises for answer is as to whether ... given an opportunity to lead
evidence to prove the execution of the agreement of sale by
defendant in his favour. If ultimately, it is found
Code of Civil Procedure
against the execution petition filed by decree holder for execution of decree
dated 29.11.2005 passed in Civil Suit ... Objector has pleaded that decree holder filed a suit for ejectment
of the JD namely Devender Kumar Yadav from the shops in question. He
succeeded
execution of rent note or rent deed regarding creation of tenancy
because even in that event, plaintiff would have been at liberty to seek
ejectment
filed an ejectment petition i.e. Rent Application
No.135 of 2002 on 25.9.2002 against respondent No.2. The said
ejectment application was disposed ... month from the date of order.
Petitioner filed objections against the execution of the
aforesaid eviction order dated 12.10.2002 making averments that
Bench in Misc. Case No.328 of 2006 arising out of
Ejectment Case No.109 of 2006.
The short fact necessary for the purpose ... parte in respect of
the premises as mentioned in the application for execution. That
2
decree was put to execution in the year
issues
on 12.1.2009:-
"i. Whether the respondent is liable to be ejected
from the tenanted premises on the ground of
non-payment of rent ... categoric stand has been taken in the written statement about the
execution of the lease deed under duress and coercion, it was
incumbent upon
4099 of 2009
and No.4485 of 2009 arising out of the Execution Case No.2 of 2009.
The contention of the petitioner is that ... recovery of possession against the opposite party no.2 in
the Ejectment Suit No.170 of 1995 on compromise; but the judgment
debtor / opposite party
