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
immovable
property is entitled to obstruct the execution for defending his
illegal dispossession in the execution proceedings. The Apex
Court held ... been found in possession, he is entitled to
obstruct execution defending his illegal
dispossession in execution proceedings
and he is also independently entitled to file
suit for ejectment. In the present case also, in view of the
aforesaid authority, the defence taken by the defendant of an execution
of agreement
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
landlord.
10. Sri M.A. Qadeer, learned Senior Advocate argued that execution of agreement to sell by respondent no.1 in favour of petitioner ... Section 21(1)(a) of Act 1972, by respondent no.1, for ejectment of petitioner from the disputed building was tenable and, hence, impugned orders
defendant. Ejectment order was passed in relation to this house against
plaintiff No.1 on 11.5.1991 in a rent petition. Appeal against that
ejectment order ... entire world. They
have even raised construction of the house. No execution was ever filed
by the landlords. The landlords, however, filed a contempt petition
unauthorized and
plaintiffs have permitted him to remain in property till execution of the sale deed
without paying any rent. Defendant has filed original agreement ... legal defence
available to the petitioner in the suit for ejectment."
12 Similar are the observations of Hon'ble High Court of Patna
Earthtech Enterprises Ltd. vs Kuljit Singh Butalia on 6 February, 2013
Author: A.K. Pathak
Shashi vs Sudershan Sharma & Anr on 20 December, 2013
Author: Rajiv Sahai Endlaw
Bench
