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
Gupta, judgment debtor no.1 of the present execution. Therefore, the pleadings in
the above two cases clearly shows and proves that ... suit, the object of the landlord is to eject the sub
lessee from the land in execution of the decree and such an object
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
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 defendants
state. Let their averment about execution of Agreement to Sell and advancement
of earnest money be accepted
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
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
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
with the owner/landlord (plaintiff). At the
time of execution of sale agreement, he had paid `5,000/- towards advance
and remaining ... presence of the
witnesses. It was further pleaded that after execution of agreement Ex.P1 in
1986, he has not paid any rent
possession of the land in question by
the petitioner himself, cannot be ejected from the suit land
treating him to be trespasser.
16. The petitioner ... civil court.
Admittedly, the petitioner has been given possession in
execution of the decree passed by the trial court, affirmed by the
RAA, which stands
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
