landlord applied for execution of the order
of the ejectment and during the said execution proceedings the
appellant/defendant sought time till 31st March ... 20th December, 2001 in this
regard in the proceedings for execution of the ejectment order
was handed over;
RFA No.842/2003 Page
Judge, Central-10, Delhi in Suit
No.153/2009) on admissions for ejectment of the appellant from the first
floor of property No.246, Greater ... mesne
profits and as a condition for stay of execution of the decree for ejectment,
RFA 251/2011. Page 1 of 6
agreed
order of
ejectment and subject to the payment of rent / licence fee by the
appellants / defendants at the agreed rate, the execution of the judgment
defendant for execution
thereof;
(vi) that the respondent/plaintiff instituted the suit from which this
appeal arises claiming, besides the relief of ejectment
Civil Suit No.312/2012 filed by the respondent/plaintiff) (i) of ejectment of
the appellant/defendant from the entire first floor of building ... condition of
deposit/payment on the appellant/defendant for stay of execution of the
decree, with the consent of the counsels the appeal
under Order 12 Rule 6 of
the CPC for a decree for ejectment/possession on admissions. Reply thereto
was filed on behalf of the appellant ... finding/observing/holding:
(I) that the appellant had not disputed the execution of the
registered Lease Deed dated 15th February, 2007;
(II) that a bare
2011 filed by respondent no.1) on admissions of
ejectment of the appellant and the respondent no.2 Syndicate Bank, after
determination of tenancy, from ... counsel for the appellant and as such the
application for stay of execution was dismissed as infructuous and the Trial
Court record requisitioned
either in pleadings or in answer to
interrogatories. In a suit for ejectment, the factors which
deserves to be taken into consideration in order ... inferred
from facts and circumstances of the case. Clearly, the denial of
execution of the MOU by the defendant is evasive. The defendant
does
property to the
appellant / defendant only at the time of execution of the Sale Deed. Thus
the said clauses of the Agreement to Sell nowhere ... Sell.
17. Thus the status of the appellant / defendant even if the execution of
Agreement to Sell were to be believed, remained as that
established.
Accordingly, the respondents/plaintiffs were held entitled to
the relief of ejectment.
7. Though, the appellants/defendants had not produced the MoU
dated 25th ... tenant under the respondents/plaintiffs,
they are liable to be ejected upon determination of their tenancy, unless
the nature of their possession is found
