appeal which was dismissed on
15.01.1982 confirming the decree of ejectment. The execution petition
has been levied by the petitioner on 24.03.1982 after the disposal ... period of limitation in any suit or application for
execution of decree, the institution or execution of which is stayed by
injunction or order
demised premises and the
Court has ordered ejectment even without providing for any time for
ejectment. The tenant will have a period of six months ... terminated forthwith and allow for
the landlord to secure ejectment in execution forthwith.
2. The Civil revision is dismissed with above
observation.
(K. KANNAN)
JUDGE
upholding a third party
objection to an execution petition filed by the decree holder in an
ejectment action under the East Punjab Rent Restriction ... belonged to the objector and that he could not be ejected
physically and the execution application cannot be further pursued.
II. The width of adjudicatory
procedure for ejectment and sets out also a jurisdiction of authorities
who can exercise power to issue order of ejectment. Section ... restriction on ejectment. The Section reads as follows:-
"42. Restriction on ejectment - A tenant shall not be
ejected otherwise than in execution
dealt
with the situation of a landlord applying for a direction for execution
of the qabuliatnama through a petition filed under the Punjab
Security ... that the order under Section 9 empowering him to eject
a tenant for non-execution of qabuliatnama must be read
constituting an inherent power
decree was not put in execution. It
was now merely pleaded in defence to stave off a claim for ejectment
by stating that the decree ... decree in execution, it could not come in the way of the
landlord's application for ejectment. The tenant was not even prepared
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
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
debtor Sita Devi. The
decree which was put in execution was an order of ejectment passed
in favour of the decree holders who claimed that ... when the property is put in execution pursuant to an order of
ejectment was untenable and it was an obvious collusive act trying to
scuttle
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
