counsel for respective parties.
The execution is of the year 2011. After the suit was decreed for
ejectment, raising some ground tenants are before this
ejectment and after getting the ejectment
decree, had to hand over the vacant possession of the shop at the
time of execution of the sale ... plaintiff had been requesting the sons of
the vendor to file ejectment application against Om Parkash which
was filed in the year
Raghuvinder Singh, Advocate,
for the respondents.
****
SABINA, J.
Respondents had filed the ejectment petition against the
petitioners on the ground of arrears of rent, personal ... ordered the ejectment of the petitioners on the
ground of personal necessity.
During the course of arguments, it has transpired that in
execution proceedings, possession
paper for
execution of the said affidavit was purchased on 7.3.2012. The said
affidavit was, thus, not in existence when the ejectment petition was
filed
case
where the landlords had obtained a decree for ejectment against the
tenants. After the decree was made, the Calcutta Thika Tenancy Act, 1949
came ... into force. The decree had not yet been put for execution. The
tenants preferred an application under Section 28 of the said Act for
rescission
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
Praneeta Soni vs Panchshila Hospitality Ventures Ltd. & ... on 4 April, 2014
Author: Manmohan Singh
time
of Sri R.P.Shah, he had filed a suit for ejectment and
possession in O.S.No.3778/1995 alleging that ... plaintiffs are
the tenants, which came to be decreed erroneously and
when execution petition was filed to execute the decree,
Panchayat was held between plaintiffs
2004 filed by the respondents against the
appellant) of ejectment after determination of tenancy of the appellant from
Shop No.P-4, Connaught Place ... amounts month by month as ordered in the impugned judgment and decree,
execution was stayed. The appellant/defendant subsequently applied for
being relieved from