paragraph 44 the natural difficulties which would come in the way of execution have been pointed out by the Single Bench. This Court will have ... Presidency Small Cause Courts Act was issued only to the tenant. Ejectment application, however, was filed against the tenant as well as the assignees
Hemant Gupta, J.
1. The present petition is by the landlord seeking ejectment of the tenant on the ground that tenant has changed the user ... lease were reduced into memo dated 30.10.199. The petitioner has sought ejectment on the ground of arrears of rent, change of user as well
alleged to be" in paragraphs 3 and 6 of the ejectment application by assigning the following reasons:-
"After hearing the parties and going ... another document wherein the same admission has been recorded. This is the execution petition No.378 decided on 4.2.1937. The respondents produced copy of this
ejectment suit filed
by Mehta Suraya against UIC. According to IPM & Ors. the ejectment suit
was collusively filed and the ejectment decree was obtained ... different sub-lessees.
September
2000
:
Mehta
Suraya filed an application for execution of the decree passed by Hon'ble
Kalyan Jyoti Sengupta
notice of
the said letters amounts to a valid notice of ejectment within the
meaning of Section 106 of the Transfer of Property ... agreement dated 27 .1.1997,
which came into force from the date of execution by the plaintiff and the
defendant, viz., on 27.1.1997, in as much
Rent Control Act, a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions ... Rent Control Act postulates that no tenant shall be ejected from a premises, except in accordance with the provisions of the Act and therefore
first agreement holder for recovery of actual physical possession in execution of the decree for specific performance on the ground that he still continues ... situation. It was held that delivery of possession being incidental to the execution of the conveyance in favour of the decree-holder, such direction
been impleaded only as legal heirs of Rukmani Ammal in the execution stage and not on the basis that they got absolute right under ... life estate. Aggrieved against that order the appellants filed an Appeal in Eject. Appeal No.7/1986. In the said appeal, the learned Appellate Judge
exception to the judgments and orders passed by Small Causes Court in Ejectment Application No. 715 of 1972 and consequential appeal decided by the Division ... decree was put to execution by decree holder, Kondiram Dhanawade, father of original defendant Ramakant Kondiram Dhanawade obstructed the execution proceedings by contending that
pass the decree, even though the tenant's defence against ejectment is struck out, unless the grounds within its, various clauses are proved ... establish by evidence all or any or the grounds for ejectment apart from the evidence that might have been produced by him at the hearing
