filed in
execution proceedings was rejected by the Commissioner on the ground
that she was not a party to the original ejectment order dated ... execution proceedings as admittedly she was never a party in the
eviction proceedings and the Executing Court was merely to comply
with the ejectment order
have been filed causing objection to the attachment in
execution of the decree for ejectment and for mense profits. The decree had
been passed against
Causes Court at Chennai in E.P.No.11 of 2008 in Eject. Suit No.22 of 2006.
For Petitioner : Mr.J.Ram
For Respondent ... 2008 in Eject.Suit No.22/2006. The Court below allowed the said execution petition and order delivery of the suit property.
2.When
said ex parte decree passed in Ejectment Suit
No. 83 of 2006 and in connection with that Execution Case, the opposite
parties-plaintiffs filed
that the
petitioners were not party in the ejectment proceedings and there is no
order of ejectment against them.
Further prayer of the petitioners ... issue directions to the
official respondents not to eject them from Khasra No.325 being owner in
possession, except by due process
without driving the respondent to take any legal action
like filing of execution petition subject to refund of
Rs.75,000/- was paid as advance ... resort to the initiation of
the proceedings for the execution of the ejectment
decree.
(v) The amount paid by way of security deposit
execution of an order of eviction passed in favour of the
respondents were dismissed.
Learned counsel for the petitioner submitted that initially an
ejectment order ... respondents have filed execution application on
22.2.2011, however, during the pendency of the aforesaid application,
another application was filed for ejectment claiming arrears of rent
summary rejection of an objection
taken at the execution stage in a petition for ejectment in favour of the
decree-holder. The objection was taken ... right of
possession by the landlord in execution of the decree for ejectment can not
be persisted by a person claiming under the judgment-debtor
Sachdeva, Advocate for the appellant.
A.N. Jindal, J
Assailed in this Execution Second Appeal, is the order dated
20.2.2013 passed by the first appellate ... such objections appear to be frivolous just to defy the execution of
the valid ejectment order passed in favour of the respondent.
As regards
made a short tender has not ordered eviction. The matter put in
execution was a decision by a Rent Controller in eviction petition filed ... landlord will be able to secure eviction.
2. The execution petition for an ejectment was
moved by the landlord contending that there had been
