tenant and thereafter filed a suit for ejectment on 31st January, 2012 and in
execution whereof possession of the property had been recovered
Section 84 (1) (a) of the Act prescribes as follows:-
―84. Ejectment of persons occupying land without title - [(1)
(Note: Renumbered ... holding of a Bhumidhar
or Asami Shall be liable to ejectment on the suit of the
Bhumidhar, Asami or Gaon Sabha, as the case
said suit, the Plaintiff took a
plea that after the execution of the lease agreement,
the Defendant showed his willingness to sell the suit ... damages before the
Court of the District Judge, Saket, New Delhi for
ejectment of the Plaintiff. The Plaintiff thereafter filed
the present suit for specific
restored as such. In other words, on the date of execution of the aforesaid agreement of sale their status as that of landlord and tenant ... tenant in the case in hand having also ceased, suit for ejectment, treating petitioner as tenant, before Small Cause Court was not maintainable
following:
JUDGMENT
This appeal is directed against the order passed by the
Execution Court (Court of the IX Additional Small Causes and
Additional MACT, Bangalore ... order XXI Rule 97, 98, 99, 101 and 104
of CPC , in Execution No.936/2012.
2. The facts of the case in brief
Thus the status of the appellant/defendant even if the
execution of Agreement to Sell were to be believed, remained as
that of a tenant ... enters into an agreement for purchase thereof, cannot avoid
his/her ejectment therefrom as a tenant and only has a remedy of
specific performance
Harish Kumar
filed an execution petition against the JD Hardeep Dhami wherein one
Smt. Rajpati Devi filed objections which are still pending disposal.
2. Meanwhile ... under
Order XXI Rule 35 read with Section 151 CPC in the execution petition.
She has claimed to be the real sister of Sh. Bhagwan
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