protection to tenants against ejectment-whether
available where decree for ejectment already obtained.
HEADNOTE:
A decree for ejectment was passed against the appellants in
November ... shall have effect
in respect of all suits or proceedings in
execution, for ejectment of a person, who
would under the provisions of this
this application that the decree-holder could not eject the judgment-debtor in execution of the decree because the tenant could not be ejected otherwise ... that the civil Court had no jurisdiction to eject the judgment-debtor in execution of its decree. This plea has been rejected by both
ejectment before the Controller but not for ejectment of a
Bharatia by a thika tenant. For ejectment of a Bharatia, only a suit for
ejectment ... orders made on such
applications, and
(c) all proceedings in execution of orders for
ejectment of Thika tenants.
under the provisions of the Calcutta Thika
shall apply to all suits and proceedings, including proceedings in execution, for ejectment of a thika tenant which are pending at the date of commencement ... apply to "suits or proceedings, including proceedings in execution, for ejectment of a thika tenant, which are pending at the date of the commencement
passed by the
learned Civil Judge, Senior Division, Sealdah in Ejectment Execution Case No. 9 of 2015, arising
out of Ejectment Suit ... passed by the
learned Civil Judge, (Senior Division), Sealdah in Ejectment Execution Case No. 9 of 2015 is set
aside.
Even in the present revisional
passing of a decree of ejectment and his tenancy is terminated only after he is ejected in execution of the decree. Further that ... ejectment and the tenancy is not determined. According to this section . a tenant cannot be ejected except when there is a decree for ejectment
decree for arrears of rent or from which he has been ejected in execution of a decree or order of a court;
(c) subject ... suit for his eviction is filed and he is actually ejected in execution of a decree.
20. Sri G. N. Verma relied upon Bam Dular
that decree.
3. Thus, ejectment decree was put into execution by Ejectment Execution Case No. 360 of 1966 and the plaintiff lawfully resisted the Court ... decree being binding on him he was liable to be ejected, in execution of the decree against Angurbala. No doubt it was obligatory
principles of res-judicata on
account of non execution of the ejectment order passed in 1957. The
aforesaid decision was given only by deciding issue ... aforesaid, it is held :
i) That on account of non execution of the ejectment order
passed in 1957 which was in executable as there
respect of all suits, appeals or
proceedings including proceedings in execution
for ejectment of a non-agricultural tenant
which are pending at the date ... suits, appeals or
proceedings including proceedings in execution for ejectment
of non-agricultural tenant which was pending at the time, of
the commencement of that
