Suit was filed by the landlordrespondent no. 3 seeking
ejectment and arrears of rent against the petitionertenant. The
matter was referred ... default,
the plaintifflandlord was entitled to recover the same and eject the
tenantpetitioner. When the petitioner failed to comply with the terms
petitionereven if
petitioner succeeds in suit for specific performance till execution of
conveyance deed, in his favour, he has no ground ... save
possessiondefence of agreement to sell not available in suit for
ejectment."
"Mere agreement to sell of immovable property does not create
rent after the execution of the rent-note the plaintiff-respondents brought a suit for ejectment of the defendant-appellant from the house ... mortgage-deed and the title-deeds and to withdraw the suit for ejectment but he is not doing so. He, therefore, prayed that in view
decree for the ejectment of Bhagmal under Section 171, U. P. Tenancy Act, 1939, on February 7, 1942. In execution possession was delivered
order for his ejectment may be passed and the same may be sent to the District Magistrate, Lucknow for execution. The respondent deposited
Shri G. C. Gupta, Subordinate Judge, 1st Class, Delhi, in Execution Case No. 84 of 1966 in Suit No. 540 of 1956 on his file ... Execution Petition on Jane, 1966. Prior to that date, on 4th Jane, 1966; the petitionerr filed an application contending that after the decree for ejectment
suit out of which this appeal arises was a suit for ejectment. The facts which are not now in dispute are these : Defendant ... interest in execution of a decree for arrears of rent under Chap. 14, Ben. Ten. Act, he could not have ejected defendant 2 from
petitionereven if petitioner succeeds in suit for specific
performance till execution of conveyance deed, in his favour, he has no ground ... save possessiondefence of agreement to sell not available in suit for
ejectment."
"Mere agreement to sell of immovable property does not create
suit or proceeding shall stand dismissed, and any
decree or order in ejectment that may have been passed
therein but which has not been executed ... realized. The suit or proceeding will come to an end
immediately on execution of sale deed either by the landlord or
by the Court
directed that the standard rent application and the suit for ejectment be disposed of together. The Trial Judge decreed the suit for eviction on 12th ... Trial Court. On 4th October 1977, the Appellate Court stayed the execution of the decree but ordered the Respondents to deposit the rent
