decree-holder, who had secured the order of
eviction filed an execution petition which was dismissed by the
Executing Court citing the fact that ... execution stage. The Executing
Court has already held that the decree-holder will be competent to
file a fresh execution petition at any time
being argued by ld. counsel for the appellant that after
the execution of agreement to sell dt. 03.12.2010, the
relationship of landlord and tenant ceases ... property to the tenant
becomes irrelevant in a suit for his ejectment.
Agreement to sell does not invest any title in
the tenant; nor does
said relationship of landlord and tenant, even post the alleged execution of
RSA 417/2015 Page 8 of 9
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
assessing the mesne profits
especially when the Rent Controller had passed the ejectment order against
the tenant- petitioner on August 14, 2010. The principle ... document
High Court Chandigarh
CR 6152 of 2011 [9]
the appeal, after ejectment order, it is perfectly open to the Appellate or
Revisional Court
terminate his tenancy
SCCH-14 13 SC.No.903/2014
and to eject him from the schedule premises, but Ex.P1 reveals
that ... Transfer of property Act, 1982, Section
53-A and 109 - Suit for ejectment of
appellant herein on ground plaintiff had
entered into an agreement
cross
examination has admitted about the execution of
agreement of sale in favour of the defendant brother by
virtue of Sec.53-A of Transfer ... Transfer of
Property act (4 of 1882), S. 53A ---
Ejectment suit---Jurisdiction of Small
Causes Courts---Defence under
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..............."
The above legal position has also been reiterated and followed
C.S. Atwal vs Commissioner Of Income Tax Ludhiana And ... on 22 July, 2015
Bench
defence of the appellant/ defendant and proceeding to pass a
decree for ejectment against the appellant/ defendant on the basis of
admissions made ... Legal Services Authority to initiate
appropriate action for recovery of costs through execution. A report shall
also be sent to this Court in case
M.G.Ramamurthy vs Smt.Pushpa on 2 September, 2015
IN THE COURT OF THE
