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(b) where a tenant has effected improvements on the land of the tenancy under the terms whereof he is not entitled to effect such improvements, the tenant shall not be ejected by the landlord from the land of the tenancy unless compensation for reasonable improvements has been paid to the tenant. (2) No tenant shall be ejected by his landlord from the land of the tenancy except in execution of a decree for ejectment passed by a competent civil court.

We may now examine the second sub-section which also takes away some rights of landlords but leaves them free to execute decrees other than those on which the section places an embargo. That sub-section provides that no tenant shall be ejected by his landlord from the land of his tenancy except in execution of a decree for ejectment passed by a competent civil court. Although this sub-section takes away the right of ejectment in other ways, if any, it recognises that ejectment is possible provided there is a decree of a competent civil court.

(b) first : if the tenant effects improvements on the land which he is not entitled to effect, the landlord may not eject him unless he pays reasonable compensation. Who will assess the compensation is laid down in s. 6 but that section specifically mentions a suit for ejectment and not execution proceeding. All this seems to suggest that s. 5 (1) (b) is intended to operate on rights of the landlord which are being enforced by a suit but not on rights already enforced and determined. By speaking of the curtailment of the landlord's right and by omitting to provide for decrees into which the rights merge and by mentioning the provisions of s. 6 are to be invoked in a suit for ejectment, it appears that the decrees as such are not put under the same embargo.
"14. Pending suits.
The provisions of this Act shall have effect in respect of all suits or proceedings in execution, for ejectment of a person, who would under the provisions of this Act be an occupancy tenant, which are pending at the date of commencement of this Act."

Similarly, s. 6(1) of the Assam Urban Areas Rent Control Act 1949 (Assam Act 13 of 1949) and s. 6(1) of the Assam Urban Areas Rent Control Act, 1946 (Assam Act 3 of 1946) provided specially for execution proceedings. These two sections read the same and only one of them may be read. Section 6 (1) of Act 13 of 1949 read: