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
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
husband, she acquired the interest of Fanindra at a court sale in execution of a money decree against the latter. The sale certificate ... been made parties to the suit, the claim to ejectment was not maintainable. Taking first the objection raised regarding Mrs. Nellie Sen Gupta
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
Sale deed recitals clearly goes to
show that on the date of execution of sale deed the property
was vacant and as per rental agreement ... defendant argued that plaintiff has
filed the above suit for ejectment, therefore issue regarding
title based on adverse possession cannot be adjudicated by this
court
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
M/S Jagdambey Builders Pvt. Ltd. vs J.S. Vohra on 2 February, 2016
Equivalent
that the
respondent/plaintiff on execution of the MoU had put the appellant/defendant
in possession of the premises as proposed owner.
6. The respondent ... premises, so as to deny the respondent /
landlord the right to eject the appellant from the premises as a
tenant.
11. Section
Bethi Ramswamy And Another vs Madala Seetharamaiah on 8 September, 1998
Equivalent citations: 1998(6
