decree of ejectment in his favour and against the
defendant, was allowed. It is further pertinent to note that
thereafter in execution proceedings, the plaintiff
status to be that of a tenant. In a suit for ejectment, the plaintiff
has to prove the following :
(a) The existence of landlord ... Rent Control Act .
(c) The tenancy has been validly terminated.
22.2.2 The execution of rent agreement dated 02.03.2010
Mark B between the parties stands admitted
documents in this
regard has been prepared. In a suit for ejectment against a tenant, what
is to be shown that there exists an adequate title ... property. It is pertinent to mention plaintiff has duly proved the
execution of the registered Lease Deed Vide Ex PW-1/2 as per which
Singh
reproduced for ready reference as follows:
" Section 84 Ejectment of persons occupying land without
title (1) A person taking or retaining possession ... Asami without the consent of the Gaon Sabha, shall be
liable to ejectment on the suit of the Bhumidhar, Asami or
Gaon Sabha
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 specific performance and the
subsequently instituted suit for ejectment".
20. Similar observations were recorded by Hon'ble High Court of
Delhi
period of limitation provided for the
filing of the suit or the execution of the decree, the person taking
or retaining the possession shall ... Gaon Sabha.
Section 84 of the Act deals with "Ejectment of persons
occupying land without title"(1) A person taking or retaining
possession
Atar Singh Page No. 8 of 15
demanding the ejectment of the premises in question
from the deponent in the month of April ... particulars given in the documents can be considered only in case the
execution of those documents have to be proved, however, this
court fees in
a case filed by landlord against tenant for ejectment of tenant
has to be paid on 1 year's rent ... relief he has sought and relief sought by the plaintiff is for
ejectment of tenant and arrears of rent for 6 months as well
albeit
after prolonged litigation and after filing of execution petition.
16 During the course of the consideration, Sh. Sanjay Aggarwal,
ld. Counsel for respondents ... very fairly contended
that the suit in question was primarily for ejectment and for recovery of rent
and damages which had been filed against defendants
notice is
that of the trespasser and the defendant is liable for ejectment. The defendant is also
liable to pay the arrears of rent ... interest free
security amount at the time of execution of lease agreement. Suit premises were again let
out to defendant for the period
