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Showing contexts for: ejectment execution in Ramnath Ram vs Jamuna Prasad And Ors. on 5 April, 1948Matching Fragments
'No tenant shall be ejected from his tenure or holding except in execution of a decree.' Until Gaya Singh was ejected in execution of a decree, his right could not be extinguished, Section 48-A is, by express terms, made retrospective, and it has been held in the said previous decisions of this Court that it would apply to a pending action. There is no reason to dissent from the view taken in these decisions."
I should further add that service of notice to quit does terminate a tenancy governed by the T. P. Act because the Act says so expressly, while there is no such provision in the Bihar Tenancy Act. Section 49 which provides for service of notice to quit is expressed in different terms, namely, that an under-raiyat shall not be ejected except only six months after service of a notice to quit etc. The ratio of the decision, however, is that until the under-raiyat has been ejected, he can have the benefit of the retrospective operation of the section.
11. The only other case cited was 'Chandrika Prasad v. Ram Lal', 1939 Pat W N 661. This decision related to interpretation of Section 26-N. An occupancy holding had been transferred in the year 1912 and the transferee continued in possession up till the time when litigation arose. It was held that notwithstanding that the holding had passed to the plaintiff-landlord by his auction-purchase in execution of a rent decree validly and lawfully obtained against the recorded tenants, he could not eject the transferee as by the time he brought the suit for the purpose, the transferee had acquired a right of occupancy by operation of the section. The distinguishing feature between this case and the case in "22 Pat L T 505' (both being judgments of Harries, C. J.) is that in the latter the transferee had been ejected by the auction-purchaser by virtue of his purchase in execution of a rent decree, while in the former '1939 Pat W N 661' there was auction sale of the occupancy holding in execution of the rent decree but the transferee continued to be in possession.