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
suit was instituted by the
respondents against Maneklal for a decree in ejectment and
the realisation of arrears of rent. The suit was decreed.
However ... lease for a decree in ejectment and for
arrears of rent was decreed on June 22, 1960. In execution
of the decree the trustees obtained
clear beyond any doubt is that
when the possession is obtained in execution it must be
followed by an act of occupation which must inevitably ... clearly supports this
construction. Section (13) (1) has allowed the landlord to
eject the tenants from the Dresden in their possession for
specified reasons
property of such person had been sold after August 12, 1935
in execution of a decree of a civil court or a certificate
under ... auction-purchaser cannot be
ejected under s. 37-A (8) and it is only the decree-holder
who can be ejected thereunder
State Of Gujarat vs Vora Fiddali Badruddin Mithibarwala on 30 January, 1964
Equivalent citations: 1964
Neta Ram vs Jiwan Lal on 17 January, 1962
Equivalent citations: 1963 AIR 499, 1962
Pandit Kishan Lal vs Ganpat Ram Khosla And Another on 17 April, 1961
Equivalent citations
Cochin Devaswom Board, Trichur vs Vamana Shetty And Ors on 2 March, 1966
Equivalent citations
