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
Commissioner in its order had in fact noted
that the factum of execution of the sale deeds and Will has not been
contested ... remanded the matter back to the trial
Court where the petitions for ejectment (filed by the petitioner) were stated
to be pending. This order
Subrat Jain5. In this case, the landlord
had filed a suit for ejectment in Civil Court in the absence of any rent
legislation ... possession of the
tenanted premises when the execution petition was filed by the landlord
seeking execution of the said decree. The tenant resisted the same
tenancy has been sublet, the tenant shall be liable to be
ejected only from such part, or
(vii) refuses to execute a Qabuliyat ... within a period of two months from the
date of notice of execution of decree or order, directing him to pay such
arrears of rent
Section 14 of the Act, thus
rendering the order of ejectment to be unexecutable?
3. For determining the controversy in issue, the
relevant provisions ... building
or rented land shall not be evicted there from in
execution of a decree passed before or after the
::: Downloaded on - 15/04/2017
statute would form a part of rent for
the purposes of seeking ejectment of the tenant under DRC Act,
1958 or whether he can recover ... year after year for all times
to come and resorting to repeated execution proceedings for
recovering the said amount.
39. It is contended that
tenancy. The above 5 suits
were filed by Chimote and sons for ejectment, possession and
arrears of rent against Shankarrao and all other tenants.
Shankarrao ... businesses. He came with a case that at the time of execution of
Sale Deed, it was agreed that document was not to be acted
obligation upon the tenant to comply with
.
the statutory provisions to avoid ejectment from the
premises. (ii) The Rent Controller had also directed the
memo ... building
or rented land shall not be evicted there from in
execution of a decree passed before or after the
commencement of this
alteration/re-building which cannot be so done
without the tenant being ejected.
::: Downloaded on - 15/04/2017 21:03:37 :::HCHP ... entry as
stipulated under
rt the first proviso of the ground of
ejectment.
8. A Co-ordinate Bench of this Court, while dealing
almost similar