decree was put in execution by the petitioner by means of execution No.7 of 2006. In the said execution, respondent No.1 moved application ... distinction between a decree of ejectment and decree for possession in respect of immovable property and in proceedings of execution of a decree of small
appearance fixed in the suit. Thus, the defendant is liable to be ejected from the house in question with costs.
In Atar Singh and others ... Supreme Court that the validity of a decree can be challenged in execution proceedings only on the ground that the Court which passed the decree
suit filed by the plaintiff-revisionist for arrears of rent and ejectment has been dismissed.
Brief facts of the case are as follows;
Plaintiff-revisionist ... ejectment was filed by the plaintiff-respondent. The said suit was decreed by the Judge, Small Causes by order dated 19.11.2003 followed by an execution
running in 2 paragraphs, was as follows:
"This suit is for ejectment of the defendant from a Gher (House) as per details given ... necessary evidence.
The suit is ex parte decreed with costs for the ejectment of the defendants from the suit property as for the recovery
heirs i.e. Mohd. Siddiq and Smt. Inayati Begum continued despite execution of sale deed dated 16.6.1947 and 15.10.1947.
4. The petitioners' predecessors ... been paid after 15.10.1948 and therefore, the defendant-petitioners are liable for ejectment.
6. The suit was contested by petitioners, stating that plaintiffs
suit registered as S.C.C. Suit No. 51 of 1999, for ejectment, rent and damages against the revisionist. During the pendency of the same ... been satisfied, so the landlord/Rajendra Kumar Sharma/decree-holder filed an execution Case No. 01/2002 ( Rajendra Kumar Sharma Vs. Amit Kumar ). In spite
restored as such. In other words, on the date of execution of the aforesaid agreement of sale their status as that of landlord and tenant ... tenant in the case in hand having also ceased, suit for ejectment, treating petitioner as tenant, before Small Cause Court was not maintainable
Satyendra Kumar Gupta vs Additional District Judge Court No.10 ... on 31 January, 2014
Author
Hindustan Petroleum Corporation ... vs Badri Nath Khanna on 22 September, 2014
Author: Anil Kumar
Bench
Smt. Gomti Devi vs District Judge, Unnao & Others on 8 August, 2014
HIGH COURT
