passed a decree in ejectment and further appeals against
that decision were rejected.
In proceedings filed by the appellant for execution of the
decree ... petition.
In the meanwhile Modi applied for execution of the decree in
ejectment against Munshi. Munshi raised the contention that
the Court of Small Causes
appeal was whether the appellant against
whom proceedings for execution of a decree for ejectment was
pending, who had applied for relief under ... came into force,
proceedings for the execution of the decree of ejectment
were pending in the Munsif's Court. On March 19, 1952, when
ejected by his landlord from his holding, except in execution of a decree for ejectment passed on the ground,-
(a) that he has used
prescribed in section 70 of the Land Revenue Act. 43. Execution of orders of ejectment, etc.
- (i) Order of ejectment from; and delivery of possession ... being in force in respect of the execution of a decree whereby a civil court has adjudged ejectment from ; a delivery of possession of such
suit, the
object of the landlord is to eject the sub-lessee from the land in
execution of the decree and such an object
appellant is as tenant at
sufferance and is liable to ejectment in due course
of law. But his possession is not legal nor lawful ... appellant may
remain in possession until he is ejected in due
course in execution of the decree in the suit filed by
the respondent
held that so long as the licensee has not been evicted in execution of the decree lawfully obtained, his possession under Section ... appellant could remain in possession until he was ejected in due course in execution of a decree in a suit filed by the respondent
entertain the suit for ejectment was a nullity
and the judgment-debtors successfully could object to the execution of the
said decree being a nullity ... cause and pass a decree of
ejectment therein. It was further held that objection to the execution of the
decree being a nullity having been
done by the appellant by moving the
executing court. In the said execution the respondents took the
contention that the decree obtained by the appellant ... decree-
holder was seeking possession during execution
proceedings was not the one regarding which the
ejectment order had been passed by the Rent
Controller. Neither
provide for the temporary stay of the
execution of certain decrees and orders of ejectment of
thika tenants in Calcutta. The object of the Ordinance ... decision was whether the appellant against whom proceedings
for execution of a decree for ejectment was pending, who had
applied for relief under Section
