obtained a decree for
ejectment against the tenant had not yet been able to get possession
in execution of the decree. The decree was obtained
could have been sent for execution
to the Rent Controller, Chandigarh under the second situation; and
therefore, the execution petition which has been filed directly ... Thus, according
to learned counsel for the petitioner in the instant case execution
petition could have been filed in the first instance only before
order of
ejectment and subject to the payment of rent / licence fee by the
appellants / defendants at the agreed rate, the execution of the judgment
tenants have
not paid Batai for the year 1994. The
orders of ejectment were passed
against the tenants by the Assistant
Collector, Ist Grade, Fatehabad ... since the order of
ejectment was passed in the year
1999, the appellants have been
employing dilatory tactics to evade
execution of the orders
Court in a contempt appeal
filed by the decree holder. After the execution, the order has come
about in the following fashion.
2. The respondent ... herein, who was the mother of the
petitioner filed a suit for ejectment of her son from three rooms in a
house property which, according
defendant for execution
thereof;
(vi) that the respondent/plaintiff instituted the suit from which this
appeal arises claiming, besides the relief of ejectment
supra), a
decree was passed at the instance of landlord Vasudev for
ejectment and payment of arrears of rent against one Munshi
by the Appellate ... made a false statement.
In the meantime, the landlord Modi applied for execution of
the decree. An objection was raised by the tenant Munshi
that
being Ejectment Suit No. 38 of 2001 was allowed to be
decreed ex parte on April 6, 2010 against a dead man.
Execution Case ... parte decree of April 2010 passed by the
learned Court in Ejectment Suit No. 38 of 2001 may be declared
null and void. Hence
immovable
property is entitled to obstruct the execution for defending his
illegal dispossession in the execution proceedings. The Apex
Court held ... been found in possession, he is entitled to
obstruct execution defending his illegal
dispossession in execution proceedings
and he is also independently entitled to file
electricity charges.
The ejectment petition was contested by the petitioner
submitting that tenancy has come to an end on execution of agreement to sell
dated