appellant in execution. It is already held that
it is the Controller under the Act that has exclusive jurisdiction to
order ejectment of a tenant ... inherently lacks
jurisdiction to entertain the suit and pass a decree of ejectment.
Therefore, though the decree was passed and the jurisdiction of the
Court
auction in execution of the Rent Decree.
The suit land was then put in possession of
the appellant(s)' predecessor. In execution,
the land ... which were sold for arrears of rent or from
which they were ejected for arrears of rent
between 1st day of January 1939, and 31st
plaintiff had earlier filed a civil suit seeking possession (sic
ejectment) on 27th October, 2001 being Suit No.340/2001 in which a
decree under ... However, in RFA
No.361/2002 preferred by the defendant Bank the execution was stayed.
For the sake of completeness, we would also record that
plaintiff/landlord thereby affirming the judgment of the trial court
dismissing the ejectment suit of the plaintiff/landlord.
3. Brief facts of the case ... rent agreement which envisaged renewal of the rent agreement by
execution of a separate registered agreement for a further period of
five years at enhanced
landlord pending his appeal or revision
against an order of ejectment, can be determined. This
provisional assessment that has been made would be subject ... Court
is the pre condition for grant of stay of execution of decree
for eviction. Therefore, in case the party filing the appeal or
seeking
Section 20 in West Bengal Land Reforms Act, 1955
20. Procedure and execution.
(1) The procedure to be followed in deciding disputes or appeals under ... such manner as may be prescribed. (3) No order of the ejectment of a bargadar shall be executed except during the months of the Bengali
D.D.A. & Ors. vs Ram Kaur & Ors. on 20 April, 2017
Bench
Amina alias
Beepathumma & Anr. V. B. Ahmed Bin Chayabba in an ejectment suit bearing
No.198/1930 a compromise decree was passed directing ... deposit ₹175/- in
the Court and the defendant continued in possession. The execution was barred
RFA(OS)No.26/2014 Page
period of limitation
prescribed for such suit or for the execution of
land decree, as the case may be.
Provided that where the person ... consent of the Union, and that,
therefore, he was liable to ejectment and to pay damages.
Once that suit is dismissed for non-prosecution
landlords had obtained an effective decree and had
succeeded in ejecting the tenants as a result of that decree, which may have
become final between ... parties, that decree may not have been re-opened and
the execution taken thereunder may not have been recalled. But it was during
the pendency
