which is 3 days after the execution
application had been filed and similarly, in order to avoid the ejectment
and to comply with the terms ... further cause of
action left with the respondent-landlord to pursue the execution petition
and the same is, accordingly, dismissed. It will always be open
undertaking,
the landlord also did not pursue the ejectment petition and gave a statement
that ejectment petition may be decided accordingly. Accordingly, the matter ... made on 3.12.2012 and the ejectment petition
was dismissed as withdrawn.
On account of non compliance of undertaking, execution was
filed on 11.12.2015 in which
Petitioner-tenant challenges the concurrent findings recorded
by the Courts below whereby ejectment had been ordered from shop
No.47-B, Tagore Nagar, Ludhiana, shown ... execution of the appellate
order, had been filed by the respondent-landlord.
A perusal of the paperbook would go on to show that
ejectment
landlord pending his appeal or revision
against an order of ejectment, can be determined. This
provisional assessment that has been made would be subject ... Court
is the pre condition for grant of stay of execution of decree
for eviction. Therefore, in case the party filing the appeal or
seeking
paid to Bal Kaur. Resultantly, it was held
that the application for ejectment has been filed by Ram Lubhaya on the
For Subsequent orders ... disputed that the respondent No.1 Ram Lubhaya
filed the ejectment application on the ground that rent had not been paid
under Section
been impleaded namely, Laxmi and Nikki, who were
daughters and after the execution of the said rent note payment had been
made to the landlords ... Civil Revision No.3500 of 2017(O&M) -3-
filed an ejectment application which was being contested. The tenant was
ready and willing
appellant had himself appeared as a witness in support of the earlier
ejectment application on behalf of the tenant to plead that possession was
with ... must put to trial every objections which are
filed in any execution proceeding, even if prima facie they appear
2 of 4
::: Downloaded
applicant/respondents.
The deceased respondent Shanti Devi had filed ejectment
1 of 3
::: Downloaded ... execution proceedings were directed to be
stayed. The case was burnt in fire incident and has been reconstructed. In
the execution proceedings now filed, compromise
1584 of 2010 (O&M) -2-
possession inspite of ejectment order and he has not been paying the rent
the landlord is released from ... undertaking given on 9.3.2010 whereby he
had agreed that the execution shall not be pressed. The interim protection
granted on 4.2.2011 and on other date
Radha Kishan vs M P Vishnoi @ M P Bishnoi on 9 August, 2017
Author: G
