entitled to eject his tenant and the subtenant deriving
his title under the tenant is also liable to be ejected in
execution ... suit, the object, of the landlord is to eject
the sublessee from the land in execution of the
decree and such an object
entitled to eject his tenant and the subtenant deriving
his title under the tenant is also liable to be ejected in
execution ... suit, the object, of the landlord is to eject
the sublessee from the land in execution of the
decree and such an object
order dated 07.02.1974. Thereafter, DH filed an
execution petition for the execution of the decree of ejectment and for
possession of the property bearing Flat ... execution of the W/P, objections u/o 21 Rule 97 CPC were filed by Sh.
Harish Sethi on 27.04.2001, objecting to the execution
Court, may be declared as null and void and similarly the present
execution petition be stayed till the disposal of this application.
Arguments have been ... modify the impugned order of ejectment to this extent. Therefore, the judgment and
decree under execution is nullity being passed by the court with
right to recover possession is barred by
limitation."
....
84. Ejectment of persons occupying land without
title - (1) A person taking or retaining possession ... authority. But neither a suit for ejection was filed by Gaon
Sabha/Bhumidhar nor were any steps for ejection of IP No. 2 from
right to
recover possession is barred by limitation."
....
84. Ejectment of person occupying land without title - (1) A
person taking or retaining possession ... receiving information or on his own motion, eject any person
who is liable to be ejected from any land on a suit of the
Gaon
suit for specific performance of agreement to sell, till the
execution of a conveyance deed in pursuance to the decree, if any, in
favour ... legal defence available to the petitioner in
the suit for ejectment."
10.27 It has also been held in the case of Jai Singh Rana
Suit No. 11769/2016 Rajinder Mohan & Ors vs M/S Anz Grindlays Bank &
suit property had filed a suit for
mandatory injunction (eviction/ejectment) against defendant herein
inter alia seeking direction against the defendant to remove himself ... year 2005. He has further argued that plaintiff duly proved
execution of registered will dated 07.09.2001 as Ex. PW2/1 whereby
suit property
transferor landlord
would be proper and so also the suit for ejectment."
24. Hence it is not open for a tenant to dispute ... There is no such dispute between plaintiff and her husband
regarding execution of sale deed in favour of plaintiff. Hence defendant
cannot question the same
