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
respondent in its written statement has admitted the following
contents :
a. The execution of the lease deed dated 25th June, 2007, i.e. the
landlord ... legal
defence available to a tenant in a suit for ejectment filed by the landlord
since the tenant would continue to be as before
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
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
order of a Court or of a Judicial
Officer acting in the execution of his office;
(3) a suit concerning an act or order purporting ... Wards, or by an Officer of a Court
of Wards in the execution of his office;
(4) a suit for the possession of immovable
property
such he is not liable to be evicted. Plaintiffs vehemently
deny execution of the Agreement to Sell. They term the Agreement to Sell as forged ... point of view
of what the defendant states. Let his averment about execution of Agreement to Sell
and advancement of earnest money be accepted
Thus, the ingredients of passing a decree of
ejectment/possession are existing and accordingly, decree of
ejectment in respect of the suit property as shown ... possession is delivered to him by the
defendant/received in execution of this decree. This submission is
noted.
(SUMIT DASS)
SCJ-cum-RC (North)
Rohini
Mehar Singh And Others vs The State Of Punjab And Others on 20 March, 2014
Dakarapu Lakshmana Swamy vs Maddula Narasimha Rao And Others on 19 March, 2014
Author: B
