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
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
landlord. A decree of ejectment only was
passed on the basis of compromise. The decree holder filed
an application for execution. The ten-ant raised ... execution proceedings were barred by the applicability of
constructive res judicata. The other is whether the
original decree for ejectment was valid
this execution appeal by special leave the only question that arises for decision is whether the decree under execution is a nullity as held ... Court in that connection reads thus:
As per compromise, decree for ejectment and for Rs. 165 with proportionate costs is passed in favour
ejectment of persons occupying land without title. That note indicates that Section deals with suits for ejectment of trespassers. The section reads:
209. Ejectment ... sirdar or asami without consent of Gaon Sabha, shall be liable to ejectment on the suit in cases referred to in Clause (a) above
Subodh Gopal Bose vs Bejoy Kumar Addya And Ors. on 18 April, 1972
Equivalent citations
