Ejectment Suit No.57 of 1989 on his file and
allow the Civil Revision Petition.
For Petitioner : Mr. A. Amalraj
in CRPs .268/2012 ... Ejectment suit
against the respondents herein and the suit has been decreed as early
as on 27.06.2003. Thereafter, the plaintiffs filed an Execution Petition
superstructure in the suit property and for recovery of possession and for
ejectment of respondents 1 and 2 from the suit properties. There were other ... stay of all further proceedings. However, the
decree-holder has filed an execution petition in E.P.No.227 of 2004.
Without noticing that this
petitioner have in continuous possession and
enjoyment of the subject land, till execution of sale deed in
2
favour of petitioner in the year ... explanation within 15 days as to why the petitioner should not
be ejected from his property. The same was received by
petitioner. On receipt
petitioner contends that as the
respondents/landlord had admitted the execution of the rent agreement dated
29.03.2011 while preferring an application for directing the petitioner ... ejectment petition on the ground
of non-payment of rent and bonafide necessity which was dismissed by the Rent
Controller on 29.01.2018. In the ejectment
demarcation report came to be
prepared. It appears that thereafter in an execution petition, the Assistant
Collector, Faridabad passed an order on 12th November ... encroachment over land in dispute
by Sohan Pal etc. therefore, execution petition is dismissed.
B.D.P.O. Is directed to consider the dimension
holding the land on
behalf of the raiyats make him liable for ejection from the lands
and thus, I find that the learned Chairman ... under raiyat on his own admission in the year 1980
after execution of Patta in favour of Humanyu.
Having considered the facts aforesaid
Rakesh Kumar, Sushil Kumar and Avtar
Singh, have been ordered to be ejected vide an ex parte order dated
29.11.2018 (P-2) passed by respondent ... along with
an application seeking stay of operation of the order of ejectment. It is
further averred that due to outbreak of the pandemic, COVID
that the premises are in dilapidated conditions, the
landlord initiated proceedings for ejectment of the tenants including the petitioners, by filing
Title Suit ... pending civil suits and also would
come in the way of execution of decree, if any, passed therein. Mr. Sattar has, however, fairly
submitted that
senior counsel for the appellant that in pursuance
to the execution filed by the respondent/plaintiff, the bailiff visited the
premises yesterday, for delivering possession ... appellants/defendants are still in possession and
have not been ejected as yet.
10. The counsel for the respondent/plaintiff controverts and states that
holder laid a suit in O.S.No. 4198 of 1997 seeking
ejectment of the defendant namely, the petitioner herein and his father ... decreed on 22.08.2008. The decree was sought to
be put in execution in E.P.No. 1168 of 2010. On 28.03.2016, the executing
Court allowed