Gupta, judgment debtor no.1 of the present execution. Therefore, the pleadings in
the above two cases clearly shows and proves that ... suit, the object of the landlord is to eject the sub
lessee from the land in execution of the decree and such an object
suit for ejectment. In the present case also, in view of the
aforesaid authority, the defence taken by the defendant of an execution
of agreement
coal bearing land in this village. The suit was brought to eject the defts. from five kathas out of this land, on the allegation that ... According to the reoitals in the plaint, this village was sold in execution of a mtge. decree against the, proprietors Brijbehari Pande (uncle of pltf
Misc. (J) Case No. 126/94 arising out of the Title Execution Case No. 12/80. By the impugned order, the learned Executing Court accepting ... extinguished" the decree which is sought to be executed in the Execution Case No. 12/80.
2. For the purpose of disposal of this
suit for specific
performance of agreement to sell, till the execution of a conveyance deed in pursuance to the
decree, if any, in favour ... legal defence available to the petitioner in the suit for ejectment. If that be so, there is no
common question involved in the previously instituted
legal defence
available to the petitioner in the suit for ejectment. If that
be so, there is no common question involved in the
previously instituted ... suit for specific performance and the
subsequently instituted suit for ejectment".
20. Similar observations were recorded by Hon'ble High Court of
Delhi
Parvathi Ammal vs M. Kuppuswamy And Anr. on 15 April, 1999
Equivalent citations: (1999)3MLJ633
Moparthi Sarojini Devi vs Kavuru Ramachandra Prasad And Ors. on 13 March, 2002
Equivalent citations
S.Vadivel (Died) vs Rani on 21 April, 2017
Author: D.Krishnakumar
Bench: D.Krishnakumar
Md. Eklach Ali vs (A) Md. Manai Khan And Ors on 15 February, 2022
HIGH
