other option except to file
the execution application before the trial Court. On receiving this execution
application, the learned Executing Court issued notice ... case of the petitioner that the ejectment order in this
case is dated 28.11.2014 and the instant execution on its basis was filed
being raised for the
first time in the execution petition. It is proceeding on that basis the
High Court in the impugned order observed ... decree-holder was seeking
possession during execution proceedings was not the one
regarding which the ejectment order had been passed by
the Rent Controller. Neither
ejectment on the ground of rent default since January,
1982 was granted by the Trial Court.
3. The aggrieved defendant at the stage of execution ... pendency of the execution proceeding. Since the defendant immediately applied
for cancellation of the ex-parte decree after learning of the execution case, Mr.
Gupta
respondent (Decree-Holder).
2. The Title Suit No.58/1991 for ejectment of the tenant with further claim
for arrear rent, damage and interest ... landlord then applied for execution through the Title Execution Case
No. 13/2000 where the J.D. filed an application under Section 47 read with
which the previous adjudication does not refer to. If
a petition for ejectment, therefore, filed by reference to the property as
having been granted ... Department, therefore, was seeking
ejectment making reference to the lease in favour of the petitioner's husband
and the execution of the said document
Divn.), Jalandhar vide which he refused to stay the
execution proceedings arising out of ejectment order dated 8.5.2013
passed by the learned Rent Controller ... pendency of the appeal, the landlord filed an
execution petition before the Executing Court for the execution of the
above-said order dated
vide separate orders of even date 24.01.2006 (P-1) had
ordered their ejectment from the said shops, owned by the Municipal Committee,
Maur Mandi, Tehsil ... they were withdrawn and as on
today, no such execution proceedings seeking execution of the ejectment orders
are pending before him.
Learned Counsel
Government and the landlord. Therefore, the
execution proceedings in question were liable to be stayed.
Respondent had sought ejectment of the petitioner
from the premises ... Apex Court. During the pendency of the execution
proceedings, petitioner moved an application for stay of
execution proceedings. The case of the petitioner was that
limited ground, notice of motion for
27.01.2015.
Till then, the execution of the ejectment order
passed by the Rent Controller, if not already executed, shall
above terms will allow
the respondent to seek the execution of order of ejectment forthwith.
The order has been passed in the absence of respondent
