said judgment, the Courts have been cautioned, wherein a
suit for ejectment / eviction is pending, the Court ought not to restrain its
hands merely because ... possession of the property in question in
capacity of a tenant and execution of agreement to sell, if any, cannot
change the said status
time being in force is liable to ejectment on the suit of bhumidar and
is also liable to pay damages.
68. As per Section ... within the period of
limitation provided for filing of the suit or execution of the decree the person taking
or retaining possession becomes a bhumidar
under :
ISSUE NO. 1 :
Whether the plaintiff is entitled to decree for
ejectment and possession against the defendant ?
OPP.
It has been vehemently submitted ... SWAROOP AGGARWAL
SCJCumRC:East, Delhi
Page No. 12/30
concealed execution of previous Rent Agreement dated
suit property in her
favour. There is absolutely no denial of the execution of the
registered lease deed Ex. PW1/2 between the parties ... deciding
the locus standi of the landlord to file a suit for ejectment against the
defendant. Further in M/s. Bhartia Industries Ltd. Vs. Rajiv
Delhi Land Reforms Act, 1954 which are as under:
Section 84 Ejectment of persons occupying land
without title - (1) A person taking or retaining possession ... Asami without the consent of the Gaon Sabha,
shall be liable to ejectment on the suit of the Bhumidhar, Asami or
Gaon Sabha
Page 8 of page 12
shall be liable to ejectment on the suit of the Bhumidar, Asami or Gaon Sabha as
the case ... during the period of limitation provided for filing of the suit or
execution of the decree, the person taking or retaining possession shall become
respondent had filed the suit for recovery of
possession/ejectment, for recovery of arrears of rent, damages/ mesne profits,
and also for permanent injunction ... Kushaljeet Singh Contd....Page 1 of 6
: 2 :
Ii Execution of lease deed dated 15.07.1981 for a period of six years
appellant under section 45 of the DRC Act and
initiation of ejectment proceedings against brother of the appellant in
respect of same premises, therefore, impugned ... sufficient ground for consideration of other evidence to prove the
execution and due execution can not be said to have been proved.
Reliance has also
appellant under section 45 of the DRC Act and
initiation of ejectment proceedings against brother of the appellant in
respect of same premises, therefore, impugned ... sufficient ground for consideration of other evidence to prove the
execution and due execution can not be said to have been proved.
Reliance has also
suit of the
defendants against the plaintiffs for recovery of possession and
ejectment under Section 84 Delhi Land Reforms Act was decreed and
the suit ... permanent injunction, the plaintiffs are trying to
get a stay on the execution proceedings which may be filed by the
defendants for execution of order
