petitioner-
defendant before the Small Causes Court at Calcutta
registered as Ejectment Suit no. 74 of 2005-C. The said suit
was decreed on June ... before the learned
3rd Bench, Small Causes Court, Calcutta registered as
Ejectment Execution Case No. 172 of 2005. The order of
affirmation passed
agreement dated 07.02.2006.
However, in spite thereof, the defendants filed execution petition for
executing ejectment order (Annexure P-1). The plaintiff sought temporary
injunction restraining ... find no ground to grant temporary
injunction to the plaintiff against execution of ejectment order passed by the
Rent Controller. Plaintiff has failed to make
exparte ejectment order passed against them. It would, however,
depict that due opportunity of hearing was given to the plaintiffs before
passing of ejectment order ... process of law and is seeking to remove the encroachment by execution
of ejectment order passed under section 7 of the Act. Consequently, no
injunction
against respondents. Learned Rent
Controller allowed the said ejectment petition vide ejectment order dated
12.10.2001 on the ground that the tenants were in arrears ... above order of this Court. Nevertheless
the landlady insisted on execution of the ejectement order alleging that full
amount of interest had not been paid
dismissed. Thereafter, the respondent has initiated
execution proceedings in execution case No.9/2011. In the
said execution proceedings, the petitioner has filed an
application ... ejection of the petitioner.
The Trial Court has decreed the suit. It is confirmed in the
appeal. Thereafter, the respondent has initiated execution
proceedings
COURT MADE THE FOLLOWING:-
ORDER
The respondents-plaintiffs filed a suit for ejectment.
During the evidence of P.W.1 the petitioners-defendants
who cross ... plea. It was of the view that the
defence is about the execution of the agreement of sale
wherein the proof of which will
material evidence. Again a
valiant effort was made before the execution court to claim an agency which
was also negatived.
7. The learned counsel ... that, it
was a case, in which recovery was sought for in execution proceedings from
a trespasser. The court found that then the court fees
N.Babu vs S.Shanmugam on 15 November, 2012
Author: R.S.Ramanathan
Bench: R
aforesaid respondent-landlord was executed on 26th August, 1994.
7. After execution of first sale deed, the respondent-landlord filed an application dated 10th January ... Cause Suit No.7 of 1995 in the Small Cause Court seeking ejectment of petitioner from the disputed building, on the ground of Section
Smt. Veena Goel And Others vs Bhim Aggarwal And Others on 25 April, 2012
Author
