Section 7 of the Act
empowers the Assistant Collector Ist Grade to eject any person who is in
wrongful or unauthorized possession of the land ... also exercise the powers of a revenue court in
relation to execution of a decree for possession of land under the Punjab
Tenancy
deem fit and in
accordance with such procedure as may be prescribed, eject
any person who is in wrongful or unauthorised possession of
the land ... exercise the powers of a revenue court in
relation to the execution of a decree for possession of land
under the Punjab Tenancy
building or rented land shall not
be evicted therefrom in execution of a decree passed before
or after the commencement of this Act or otherwise ... include even the cases of executions pending in respect of decrees for
ejectment passed prior to commencement of the Act. The exception culled
taken to be exhibited after proving its due
execution. In case, the execution of the document cannot be
proved, the same can be eschewed ... unless and
until execution of the same is proved by the plaintiff as per
provision of Evidence Act . If the execution of that document
JUDGMENT, THIS DAY K.N.
PHANEENDRA, J. DELIVERED THE FOLLOWING:
JUDGMENT
This Execution First Appeal is preferred against the
order passed by the IV Addl ... 16168/1999 against the appellants (as
defendants) and others for ejectment and for delivery of
vacant possession of the suit schedule property to the
plaintiffs
4710 of 1999 (O&M) {5}
execution of gift deed being an opium addict as he was a license holder for
consumption ... also dismissed.
Revision Petition No.5908 of 2011
Sheela Rani instituted the ejectment petition seeking eviction of
Kali Charan and Ajay Kumar Kapoor from tenanted
which,
objections filed by the JD Hardev Singh were allowed and the execution
was dismissed holding that the tenancy created by the decree holder merged ... comes to an end on the redemption of the mortgage property.
Consequently, execution to execute the order passed by the Rent Controller
was dismissed
error has been committed by the trial court in
holding that the execution of Ex.D/3 is not proved and protection ... making out the defence
of part performance to an action in ejectment by the owner
are:
[1] that the transferor has contracted to transfer
premises and against
him an eviction suit was pending being Ejectment Suit no.342
of 1981. By a judgment and decree dated January ... filing of paper book and the respondent has
levied the decree into execution. Sometime in or around
September 23, 2016 the said tenant Radha Raman
Procedure , 1908 [for short, "the Code"] seeking stay
to the execution of the decree for eviction passed in favour of the
petitioners - landlords ... petitioners had filed Regular Civil
Suit No. 194 of 2010 for ejectment and recovery of possession of open
land admeasuring about