vacate the tenanted premise, despite ejectment orders, which
necessitated the petitioner, to file the execution-petition, in which warrants of
Criminal Misc ... vengeance. If she was, in any manner, aggrieved with the ejectment
orders, or execution of the warrants of possession, then she ought to have
challenged
inducted as a tenant in
the property in the year 1949. The ejectment petition was filed
against the father of petitioner ... appeal filed by the landlord against the order,
rejecting ejectment was also dismissed on 30.8.1986. Execution
Second Appeal (ESA) No.605 of 1987, which
3710 of 2012 (O&M)
-2-
ejectment petition was allowed vide ex parte ejectment order dated 25.11.2008
(Annexure P-1) by the Rent Controller ... lower Appellate Court. The tenants moved application
for staying execution of the ex parte ejectment order during pendency of their
appeal. The said application
follows :-
"2. In the meanwhile Modi applied for execution of the decree for ejectment against Munshi. Munshi raised the contention that the Court ... also dismissed. The decree holder put the decree into execution and it is in the execution proceedings that the heirs and legal representatives of defendant
date of knowledge of the ejectment suit i.e., on 03.08.1985, when
he received the notice in the execution petition No.118/1985 ... aware of the
ejectment suit only on 03.08.1985 when the defendant in the suit
K.Natarajan received the notice in the execution petition
suit, the object of the landlord is to eject the sub-lessee from the land in execution of the decree and such an object
petitioner that
objection to this effect could not be raised in execution petition, the same
cannot be accepted in peculiar facts and circumstances ... land for agricultural purpose in the
execution proceedings whereas already decree for ejectment had been
passed and was being executed. In these circumstances
suit, the object of the landlord is to eject the
sub lessee from the land in execution of the
decree and such an object
being the decree holders had levied Execution
No.1018/2012 seeking to execute the judgment and
decree for ejectment passed in O.S.No.5429 ... applications in the instant execution petition. Only the
appellant who was the applicant in I.A.No.1 in the
execution proceedings is before this
landlord would be entitled to secure an order of ejectment.
8. The order passed now, therefore, is conditional that the
tenant pays the rent ... aside and the landlord would be entitled to secure the
ejectment in the execution proceedings. The order of the Appellate
Court stands modified
