tenant that the ground of ejectment was
personal to the landlord and therefore the application for
ejectment had abated on his death. This Contention ... execution
application, to which the tenants raised an objection that
the order of eviction being personal to the landlord, was
incapable of execution after
stage, and, it is conceded by Mr. Yogheshwar
Prasad, even in execution proceedings on the ground that the
decree was a nullity. If one reads ... concerned reads as
follows
"209 Ejectment of persons occupying land
without title
(1) A person taking or retaining possession
of land otherwise than
fact, however, remains that he acquires interest immediately on the purchase ejected by him and as such, the possession of the property purchased ... circumstances, we are of the opinion that the direction of staying the execution proceedings for a certain period enabling the purchaser from a coparcener
back possession, to the said petitioner. Therefore, ejectment of the first respondent was sought. The proceedings for ejectment were dismissed by the Tahsildar. The order ... Division, however, allowed the appeal of the petitioner Dangalia and decreed the ejectment of the first respondent in Revenue Appeal No. 17 of 1954, dated
decree. The decree is a nullity and cannot be enforced in execution".
This decision of the Supreme Court was followed by a more recent ... Bansal ). In this case a decree was passed by a Court in ejectment suit in terms of compromise, without satisfying itself if the grounds
Aswini Kumar could object to the auction sale of the property in execution of the rent decree against Purushottam Sonar in 1945. The landlord could ... through court in December, 1946. Thereafter Fani Bhusan filed a suit to eject Hossaini Box who has a hut in a small portion
land lord had obtained effective decree and had succeeded in ejecting the tenants as a result of that decree, which may have become final between ... parties, that decree could not-have, been reopened and the execution taken there under could not ,have been recalled. But it was during the pendency
expiry of theka; Bhaiya Durga Prasad Singh filed a suit for ejectment under Section 180 of the U. P. Tenancy Act against opposite party ... Court of Civil Judge, Gonda on 30th September, 1947. In execution of the decree possession was obtained by the decree-holder over specific plots (which
having not challenged the possession that was given to Kuldip Singh in execution of the decree passed in suit ... view of the changed circumstances because of the ejectment decree passed against him. Besides the term "tenant" as defined in sub-section
same and the mortgagee on his representation advanced the loan and in execution of a decree on the basis of the mortgages purchased the mortgaged ... delivery of possession by persons who claimed to have purchased in execution of a money decree against the co-sharers of the mortgagor and under