money decree was passed on
18/11/1963, which was put to execution in R.D.
No.371/65. The present appellants are the legal ... been granted a suit for ejectment
was filed, which also came to be decreed, which decree
was put in execution, in which proceedings, an application
ejectment, passed under the Rent Act
on 02.12.2005, is still to be implemented. The tenant has been making
repeated attempts to stall execution ... under Order IX Rule 13 CPC to
set aside the ex parte ejectment order, which was dismissed by the Rent
Controller, the Appellate Authority
possession of the suit property in execution of the said decree
on August 08, 2012 through the original Execution Case ... which they have got in execution of
the decree.
The petitioners being the holders of an ejectment decree are entitled to
enjoy the fruits
time being in force shall be liable to
ejectment on the suit of a Bhumidhar, Asami or Gram Sabha, as the case ... seek ejectment of such person, who has occupied the land under
section 84 or the Bhumidhar, Asami or Gram Sabha fails to seek
execution
paid in cash by the
Appellants at the time of the execution of the sale deed.
2.4 Respondent No. 1 herein filed ... came to be filed by the
Appellants against Nirmala Murthy seeking her ejectment from
the suit property on the ground that she was a mere
maintainable at the hands of the petitioner after an
ejectment order was suffered by his father without raising question of title in
terms of proviso ... deem fit and in accordance with
such procedure as may be prescribed, eject
any person who is in wrongful or
unauthorised possession of the land
executing the decree shall issue a notice to the
person against whom execution is applied for requiring him to show
cause, on a date ... flowing from the rule appears to be that
where an application for execution is made within two years from the date
of decree (the interim
defendant which was a
sine qua non in a suit for ejectment. He contended that
the plaintiff was never the owner of the suit property ... that the plaintiff had a
15
right to present a suit for ejectment. He further contended
that the report of the Commissioner had only
judgement/decree dated 31st August
1973, had decreed the suit for ejectment, the nature of the
decree, which has been rendered therein by the trial ... following nature:-
"ORDER
The suit is decreed for the ejectment of the
defendants Nos. 1 and 2 from the premises in dispute.
The suit
bhumidhar, sirdar or asami, such a person was liable to ejectment on the suit of the Gaon Sabha or the Collector and was also liable ... executed within the period prescribed for institution of the suit or the execution of the decree, the person taking or retaining possession would acquire sirdari
