Judgment-Debtors.
6. Then the D.Hs applied for execution through the Title Execution Case
No.6/2006 where the J.Ds raised objection under ... challenge the authority of the plaintiff, to execution of the ejectment
decree.
10. As regards the defendants' claim that they are the owner
land and the Municipal Board is not the owner thereof. Therefore
summary ejectment from such roadside land is permissible, under Rule ... consideration of all aspects, the Deputy Commissioner may order for
execution of the ejectment notice issued under Rule 18(2) of the Land Revenue
Regulation
ejectment on the ground of rent default since January,
1982 was granted by the Trial Court.
3. The aggrieved defendant at the stage of execution ... pendency of the execution proceeding. Since the defendant immediately applied
for cancellation of the ex-parte decree after learning of the execution case, Mr.
Gupta
respondent (Decree-Holder).
2. The Title Suit No.58/1991 for ejectment of the tenant with further claim
for arrear rent, damage and interest ... landlord then applied for execution through the Title Execution Case
No. 13/2000 where the J.D. filed an application under Section 47 read with
Control
CRP 416/2010 Page 2 of 7
Act is available for ejectment of the tenant. The Court further observed that the
claim of title ... rent receipts in respect of the suit premises, the defendant
denied execution of those receipts and further contended that there is no
mention
Court also noted that just before institution of the
ejectment suit, the plaintiff got his name mutated on the land on 21.2.2007 and
the Holding ... records were created by the plaintiff only for the
purpose of the ejectment suit and they can't be accepted.
8.2 Then the Court
Guwahati Municipal Corporation at
Hem Barua Road, Fancybazar, Mohammad Ahiya filed the ejectment suit
i.e. Title Suit No.101/1977 which was renumbered ... rent was alleged and
thus apart from ejectment, arrear rent was also claimed by the plaintiff.
The ejectment was sought also for bona fide requirement
impugned decision and in the absence of any
jurisdictional error, the concurrent ejectment decree passed against the tenant
can't be disturbed ... landlord is spared of the burden to apply for execution.
10. In view of above, this Revision petition is dismissed as being devoid of
merit
defendant should file independent
suit for recovery of rent and/or for ejectment of the occupier. But on the Bank's
claim, the Court ... recover any amount from the LIC policies, the
Bank started the Money Execution Case No.10/2006 but the J.D. filed a petition
under
