execution of a decree & naving given notices under Section 167 , Bengal Tenancy Act, his son as his heir sued to eject under 'raiyats
subject-matter of a mortgage by Badrinath and in 1913 in execution of a mortgage decree defendants Nos. 3 to 5 purchased the land ... contended, therefore, that in any event they were trespassers and liable to ejectment. That point, however, I will deal with in a moment
competent to entertain a suit for ejectment. Before the amendment the Controller had been invested with power to eject the tenant on the application ... evicted in execution of a decree passed try the Court. The submission of the learned Government Advocate is that nevertheless the ejectment must be sought
Sahdeo Narain Deo And Ors. vs Kusum Kumari on 26 March, 1918
Equivalent citations: 46IND
applicable to execution proceedings to this extent, that where a judgment-debtor fails to raise all bis objections to the application in execution made ... appellant obtained a decree for ejectment against the defendants who were tenants of the premises in question. In execution of the decree, the tenants defendants
Letters Patent appeal and arises out of a suit for ejectment. The Munsif decreed the suit, but the learned Additional District Judge disagreeing with ... defendant held land in the village in question and in execution of a decree for rent the holding was sold by auction
another suit for ejectment against the defendant B. When he executed the decree. C came and objected to the execution and succeeded. The plaintiff
land as a trespasser, and that Bhramarbar Choudhuri was liable to be ejected from the holding. The main ground of defence was that the transfer ... made in order to save the holding from being sold in execution of a decree obtained against Bhramarbar. It was also contended on behalf
execution of a decree for rent. The jurisdiction of the Civil Court, therefore, to sell a portion of a plot in execution of a decree ... rent decree, a rent execution and a rent sale, as distinguished from a money suit, a money decree, a money execution and a money sale
tenant cannot be evicted, except under the Act, even in execution of a decree.
That is to say, if a landlord has obtained a decree ... whether in execution of a decree or otherwise'. The words underlined (here in " "), namely, "whether in execution of a decree