unfit and unsafe for human habitation. However, the learned Rent Controller
ordered ejectment of the petitioner/tenant on 24.01.2005 on the ground of
personal necessity ... appeal which was dismissed on 15.12.2008.
When the landlord sought execution of order of ejectment, the petitioner/tenant
filed objection under Section 47 read with
learned Court below by which objection filed by the tenant in the execution
has been dismissed.
Learned counsel for the petitioner has submitted that ... found
any reason to entertain the objection in the execution of the order of ejectment.
Hence, the present revision petition is totally devoid of merit
both cases the tenant had submitted to a decree for
ejectment for ejectment on condition that the
reconstructed shop should be leased ... between
the parties in the present case should not be
enforceable in execution, if need arises, and since it is
the landlord who has come
vacate the demised premises within 2 months. When
the landlords filed execution of the order of the learned Rent Controller, which
became final ... inimical towards him
who had got suffered an ex-parte ejectment order to the detriment of his
interest. This objection/application was contested
learned counsel for the petitioner is that having lost in the ejectment petition
filed by the landlord earlier, the tenants would at the most ... have
never come to an end as in the earlier petitions the ejectment order has not been
converted into final order and as such
revision against the orders of the Courts below by
which ejectment petition filed by the landlord has been allowed on the ground
of non-payment ... rent note. In reply, rate of rent,
commencement of tenancy and execution of rent note were admitted, but being
in arrears of rent was denied
months from the date of the order.
Aggrieved against the order of ejectment, statutory appeal was filed by all the heirs
of Raksha Devi ... dismissed on 04.05.2009. On the other hand, the landlord was
pursuing his execution of the order of eviction before the Civil Court/Rent
Controller
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
Urban Rent Restriction Act,1949 (for short,'the Act') for
ejectment of the tenant from property bearing Kothi No. 72-D, situated ... eviction has become final
between the parties. Thereafter, the landlord filed an execution
application in which the objections have been filed by the tenant under
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
