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Showing contexts for: ejectment execution in P.K. Kripalani vs Mahabir Ram And Anr. on 6 September, 1951Matching Fragments
"If a party claiming a right in the same subject-matter was in possession of the rights- which he claimed at the time the receiver was appointed the appointment of the receiver left him in such possession."
10. Now, in the present case the petition states that the opposite party No. 2 claims the right to the possession of the demised spaces as sub-lessee under opposite party No. 1. What then is the effect of such a claim? Under Order 21, Rule 35 of the Code of Civil Procedure, as has already been stated, an order for ejectment against a tenant can be normally executed against a sub-tenant. This is on the principle that the order proceeds on the basis that the tenant's tenancy has been terminated and this termination also normally brings to an en the sub-tenant's tenancy. Normally therefore a sub-tenant cannot lawfully resist the Court officer in executing a decree in ejectment against his landlord. Such termination of the subtenant's tenancy, however, is not necessarily always the case. Take for instance a case in which the tenant's tenancy has been terminated by surrender and founding on such termination, the order for ejectment had been made. In such a case the sub-tenant automatically becomes the direct tenant of the landlord: See Section 115 of the Transfer of Property Act. Here the sublessee has an independent right to possession, a right independent of the tenant's right & he is not bound by the order for ejectment against the tenant. He can, therefore, rightfully resist the execution of that order. Again, under the recent rent statutes, a sub-tenant becomes in certain circumstances a direct tenant under the landlord, on an order for ejectment being passed against the tenant. See for example Section 13(2) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. Such a sub-tenant is not bound by the order and can lawfully resist its execution against him. See 'Sailandra Nath v. Bijan Lal, 49 Cal W N 133 and 'PREMIER NATIONAL BANK LTD. v. BHAIRODAN', 53 Cal W N 555.