Thika tenant-Decree for ejectment-Execution application-If
lies in civil Court-Welfaye legislation- Interpretation-
Calcutta Thika Tenancy ... provide
for the temporary stay of the execution of certain decrees
and orders of ejectment of thika tenants in Calcutta.
Section 2 of the Ordinance
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
tenant from
the land of the tenancy except in execution of a decree for
ejectment passed by a competent civil Court; and sub-section ... prohibits the execution of a decree for ejectment on the
ground of non-payment of rent within a period of 30 days
from the date
Officer, Meerut
granted a decree in favour of the appellants for ejectment.
In execution of this decree, the appellants obtained
possession of the suit proper
right was to be deemed a
tresspasser and liable to ejectment in accordance with the
provisions of the Act. The Legislature with the object ... duration of the Act,
and all suits and proceedings in execution for ejectment
were to be stayed
force before
the appellant-landlords could obtain possession in execution
of their decree for ejectment against the respondent-
tenants. Failing to get the decree ... ejectment against the tenants,
Deorajin Debi and her minor son, on February 10, 1949, have
not yet been able to get possession in execution thereof
appeal was whether the appellant against
whom proceedings for execution of a decree for ejectment was
pending, who had applied for relief under ... came into force,
proceedings for the execution of the decree of ejectment
were pending in the Munsif's Court. On March 19, 1952, when
statutory restriction
by which the execution of a decree was prohibited and passed
an ejectment decree against a tenant the Executing Court
could not execute ... Rent Restriction Act by which the execution of a decree
was prohibited and passed an ejectment order against a
tenant, the Executing Court could
expiry of
the theka the landlord filed a suit for ejectment under the
U. P. Tenancy Act, 1939. The suit was resisted by the
company ... appellate courts. In execution the landlord obtained formal
possession on October 13, 1950, but the company resisted
actual ejectment., on July 1, 1953, the company
ejected under the
ex-parte decree. He also ordered the issue of an injunction
restraining the defendants from taking any steps in
execution ... suit, the object, of the
landlord is to eject the sub-lessee from the land in
execution of the decree and such an object
