suit is decreed ex parte and in execution of this ex parte decree the tenant is ejected and the landlord is put in possession. Subsequently ... same position which he occupied before he was elected in execution of the ex parte decree which has subsequently been set aside
occupation for a fixed term, can be ejected. Section
40 reads as under:
"40. Grounds of ejectment of tenant for a fixed term ... procedure for ejectment, which
is quoted hereinbelow:
"42. Restriction of Ejectment-A tenant shall not be ejected otherwise that
in execution of a decree
payment of rent, and it was decreed. In execution of
the decree, the respondent was ejected from the suit land.
No appeal was filed from ... suit was decreed on
29th October, 1976. In execution of the decree the
respondent was ejected from the suit land. No appeal though
provided under
mortgagors were, therefore, entitled to seek
ejectment of the mortgagee and the tenant inducted by him.
The execution application taken against the mortgagee would ... suit for ejectment but
failed in both the appeals before both the Appellate Courts.
During the pendency of the ejectment proceedings, the
mortgagee filed Special
respondents-
defendants had also filed suit No. 67 of 1970 for ejected
and arrears of rent against his father, that the suit was
decreed ... injunction restraining
the defendants-respondents from dispossessing 13: him in
execution of the ejected decree.
The respondents resisted the suit, denied that the
property
authority".
When after the dismissal of the revision petition against
the ejectment decree Mehtab Singh sought to execute the
decree, he was faced with ... possession of the
accommodation occupied by the appellant, in execution of
the ejectment decree, Mehtab Singh sold the building to the
respondent on August
such tenants or sub-tenants are not ejected by the land holder by obtaining the decrees or execution thereof. Therefore, they can get a declaration ... created therein was only for a limited right "not to be ejected". Stream can not rise higher than the source and the limited
expiry of
the theka the landlord filed a suit for ejectment under the
U. P. Tenancy Act, 1939. The suit was resisted by the
company ... appellate courts. In execution the landlord obtained formal
possession on October 13, 1950, but the company resisted
actual ejectment., on July 1, 1953, the company
ejected under the
ex-parte decree. He also ordered the issue of an injunction
restraining the defendants from taking any steps in
execution ... 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
