continuation of the proceedings before the Execution Court, wherein the transferor and his representatives succeeded in ejecting Mt. Firadus Jehan from possession which ... available to the transferee as a defence in a suit in ejectment by the transferee is available to him as a weapon of attack
completed in accordance with law the defendants were not entitled to eject him otherwise than by due process of law. Upon a question whether plaintiff ... vocate and on 17th Semptember Dr. Yunus applied for execution of his decree for ejectment. At this stage, Mt. Firdos Jehan who was living with
lease in existence, though it would not grant specific performance by decreeing execution of a lease. Such a contention seems to me to make ... buyer into possession pending the execution of the conveyance, to eject him when he is not in fault, is to enable the former
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
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
tenancy rights of the plaintiff and that on the date of the execution sale, the tenancy rights of the plaintiff in the suit property were ... making out the defence of part performance to an action in ejectment by the owner as held by the Supreme Court in (Nathulal v. Poolchand
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
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
said judgment, the Courts have been cautioned, wherein a
suit for ejectment / eviction is pending, the Court ought not to restrain its
hands merely because ... possession of the property in question in
capacity of a tenant and execution of agreement to sell, if any, cannot
change the said status
