Indian Kanoon - Search engine for Indian Law

11. In connexion with the second contention of Mr. Das Gupta as discuss-

ed above, it is quite relevant and suitable to discuss and decide the first contention of Mr. Das Gupta relating to Section 70 of the West Bengal Non-Agricultural Tenancy Act. The said section says, "No non-agricultural tenant shall be ejected from the tenancy or from any non-agricultural land which he holds except in execution of a decree of a competent Civil Court." This section gives protection to the non-agricultural, tenant against eviction by the landlords by force and illegal means taking law in their own hands. The provision clearly says that if a landlord wants to eject; a tenant from the land, he must obtain a decree to that effect from a competent Civil Court and then recover khas possession by evicting the tenant therefrom in execution of the said decree. Of course in case of amicable settlement between the parties or voluntary delivery of possession by the tenant, the landlord may recover khas possession. But if the tenant does not vacate the land even after the decree is passed against him by a Civil Court, then the landlord is to execute the decree and this execution of the decree means execution according to law. The words "in execution of a decree" mentioned in Section 70 of the West Bengal Non-Agricultural Tenancy Act is significant and consistent with the provision of Order 21 of the Civil P. C. In spite of the decree if the tenant does not vacate or refuses to vacate the land in question, then the remedy that lies with the landlord is to put the said decree into execution for recovery of possession by ejecting the tenant. There is, therefore, no scope again for filing a separate suit to got the benefit of the decree directly or indirectly without resorting to execution proceedings through Court and according to law.