Civil Procedure Code ( CPC ), 1908 for a
decree for ejectment on admissions and which application has been allowed
by the learned ADJ vide the impugned ... suggest that the nature of possession
had ever changed despite the execution of an Agreement to Sell;
(IV) that the possession of the appellant/defendant
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
said relationship of landlord and tenant, even post the alleged execution of
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the agreement to sell. Thus ... have a valid grievance with the passing of a partial decree for ejectment on
the basis of admission that the relationship of the parties
appellant is invalid under the provisions of Section 52 inasmuch as the execution of that lease did not affect the rights of any party ... signed by both parties the respondents were not entitled to eject him by a process of law or otherwise. For the respondents, upon the other
suit for ejectment in 1923. The Privy Council held that as the lease was not registered the appellant was entitled to eject the respondent ... December 1918 to grant the lease, the respondent could have claimed execution of the lease and got it registered. It was held that the doctrine
adverse possession before the institution of the suit they could be ejected without service of notice being effected on them, on the footing that they ... lessor to re-enter on the land existed from the moment of execution of that lease....."
9. In the English case the right
enter on the land existed from the moment of the execution of that lease & that right not having been sought to be enforced within ... years. In that case, the pltf. had brought a suit for ejectment on the ground of dispossession, the pltf's. title being founded upon
plaintiff, through his soliciter Messrs. Nanavati & Co. served a notice of ejectment on the defendant and by a money order dated ... Mathuradas Chaturbhuj Sha and one Radha Krishna Kothari respectively for execution and registration of a deed of partition in respect of the suit premises
defendants Steuart and Company Limited against two decrees for ejectment passed by Sri J.N. Mallick, Subordinate Judge, Second Court, Alipore. The tenancy which ... lease was not to commence with the date of the execution of the lease because in the meantime the lessors undertook to build a boundary
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
