liable to be questioned in
collateral proceedings, like a separate application in execution
proceedings.
21. The Court has further observed, that, therefore, there ... owner of the premises would be entitled
to institute a suit for ejectment in the civil courts, untrammeled by
the provisions
prosecution and the interim
order was vacated. In 2013, the petitioner commenced execution proceedings
against respondents No. 1 to 7. It was at that stage ... Delhi Improvement Trust
on 07.03.1944. A decree dated 29.05.1946 for ejectment and damages was
passed by the concerned court in a suit filed
ensure that the decree is not enforced and he is not ejected from
the property. The present writ petitions emanating from two
applications dated ... Code of Civil Procedure
whereby the petitioner had sought annulment of the execution
proceedings. According to me, the same was nothing but a
disguised effort
suit filed by the respondent
/ plaintiff against the appellant / defendant for "ejectment, recovery of
possession and recovery of arrears of rent and mesne profits ... appellant / defendant depositing the entire decretal amount in this
Court, execution was stayed. The decretal amount is reported to have
been deposited and kept
HCHP
...8...
failing which he shall be liable to ejectment without
.
any claim for any compensation."
As apparent, from, an endorsement occurring ... possession vis-a-vis the suit
land. In consequence(s) to valid execution, of apposite
warrants, of possession, hence, possession of, the suit
land
statutory period of 30 days,
when the landlord filed an application for
execution, did he learn that the amount stood
deposited in the Court ... payment of rent,
thus forcing the landlord to file another petition
for ejectment, pendency of which is not disputed
before this Court.
9. The tenant
defendants had filed an ejectment
petition under Section 13 of the East Punjab Urban Rent Restriction Act,
1949, wherein the ejectment order was passed against ... plaintiff which has been repaid. Thus, the defendants
had denied the execution of the agreement to sell dated 04.06.2009, as averred
in the plaint. However
rent of Rs.69,168/- per month. The
petitioners filed suit for ejectment which came to be decreed on 23/01/2017.
The respondents filed ... that decree. In the appeal they
moved an application for staying the execution of the decree. The Appellate
Court stayed the execution of the decree
recover the mesne profits from defendant/judgment debtor was
declined and the execution was dismissed.
Heard.
It comes out that in a suit filed ... Bazar, Ambala Saddar, Ambala Cantt. by way of ejectment of
the defendant and the plaintiff is also entitled to recover the
amount
plaint schedule property described
supra after removing the structures therein and by ejectment of the
defendant supra, with claim particularly in para ... decreed and the appeal of defendants therein was dismissed
and filed execution petition and obtained regd. Sale deed as per decree
cause executed by court
