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Showing contexts for: ejectment execution in Narayan Chandra Ghosh & Others vs Kanailal Ghosh & Others on 16 November, 2005Matching Fragments
"3. Stay of proceedings for ejectment of Thika tenants. - Notwithstanding anything contained in the Calcutta Thika Tenancy Act, 1949, or in any other law for the time being in force, -
(a) all applications for ejectment of Thika tenants,
(b) all appeals from orders made on such applications, and
(c) all proceedings in execution of orders for ejectment of Thika tenants.
under the provisions of the Calcutta Thika Tenancy Act, 1949, which are pending at the date of commencement of this Act or which may be made, preferred or commenced after such date but before the expiry of this Act, in respect of any land which is not a 'vacant land' within the meaning of the Urban Land (Ceiling and Regulation) Act, 1976, shall be stayed for the period during which this Act continues in force.
4. Stay of suits and proceedings against Bharatias. No thika tenant shall, while this Act continues in force, commence, or continue with, any suit, appeal or proceedings in execution of orders, for ejectment of any Bharatia and all pending suits, appeals or proceedings in execution of orders, for ejectment of a Bharatia shall remain stayed.
5. Saving of limitation. In computing the period of limitation prescribed by any law for the time being in force for an application for the ejectment of a thika tenant or for such a suit against a Bharatia or for an appeal from an order or decree made on such application or suit or for the execution of an order or decree for ejectment of a Thika tenant or a Bharatia, as the case may be, the period during which this Act continues in force shall be excluded."
Under Section 3 of the 1978 Act, all proceedings for ejectment of thika tenant initiated under the 1949 Act, irrespective of its stage, meaning thereby whether it was pending before the original authority or in appeal or in execution, were required to be stayed during the period of enforcement of the 1978 Act and no further proceeding could be initiated after its commencement. Under Section 4 of the 1978 Act a thika tenant was injuncted to commence any proceeding or continue such proceeding for ejectment of any Bharatia and all such proceedings if commenced stood stayed. Section 5 of the 1978 Act provided that in computing the period of limitation for making an application for ejectment of a thika tenant or for filing a suit against a Bharatia or for filing an appeal or for levying execution of an order or decree for ejectment of a thika tenant or a Bharatia, as the case may be, the period during which 1978 Act continued to remain in force had to be excluded.