provide as under: -
"42. Restriction on ejectment.- A tenant shall not be ejected otherwise than in execution of a decree for ejectment, except ... said Act further provides that a tenant shall not be ejected otherwise than in execution of a decree for ejectment, except in the following
entertain the suit for ejectment was a nullity
and the judgment-debtors successfully could object to the execution of the
said decree being a nullity ... cause and pass a decree of
ejectment therein. It was further held that objection to the execution of the
decree being a nullity having been
done by the appellant by moving the
executing court. In the said execution the respondents took the
contention that the decree obtained by the appellant ... decree-
holder was seeking possession during execution
proceedings was not the one regarding which the
ejectment order had been passed by the Rent
Controller. Neither
This conclusion is based on the fact that stamp papers for the execution of rent note were purchased on 9th August, 1966, the same were ... question 16 years prior to filing the ejectment application. Even otherwise there is overwhelming evidence establishing due execution of the rent note dated 19th October
against Maneklal. The same was decreed for ejectment and for arrears of rent. In execution of the decree, Anandji Kalyanji Trust obtained possession
earnest money at the time of execution of the agreement to sell. Admittedly, after the execution of the aforesaid agreement to sell, the respondents-tenants ... petitioners-landlords cannot get the respondents-tenants ejected on the grounds mentioned in their ejectment application. This order has been challenged in the instant writ
appellant is as tenant at sufferance and is liable to ejectment in due course of law. But his possession is not legal nor lawful ... appellant may remain in possession until he is ejected in due course in execution of the decree in the suit filed by the respondent
wherein it has been held as follows:-
"A decree for ejectment passed by a Civil Court qua legal heirs of a deceased statutory tenant ... What is prohibited under the section is only the execution of a decree for ejectment passed by a civil court".
This decision is applicable
petitioner-landlord filed an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking the eviction of the respondent-tenant ... varandah as had already been effected prior to the execution of rent note dated 9.9.1978.
4. The Rent Controller vide order dated 7.9.1982 rejected
evidence the learned Rent Controller vide his judgment dated 30.9.1987 dismissed the ejectment petition against which an appeal was filed by the landlord which ... made in the register of the petition writer dated 15.4.1975 regarding the execution of a rent deed between respondents
