that a suit for ejectment should be decreed but the execution department should not eject the tenant in execution of the decree; and thirdly ... learned counsel to raise this point in the execution department, if an application for execution by ejectment is filed by the D. H. In view
shall apply to all suits and proceedings, including proceedings in execution, for ejectment of a thika tenant which are pending at the date of commencement ... apply to "suits or proceedings, including proceedings in execution, for ejectment of a thika tenant, which are pending at the date of the commencement
JUDGMENT
Das, J.
1. This appeal arises in execution of a decree for ejectment obtained by the respondent against the appellant, in respect ... Section 5 . Similarly when an execution proceeding is filed to enforce a decree for ejectment already obtained after an exemption order, no ground
protect him from ejectment. Section 4, Orissa Act X (10) of 1946 runs as follows:
"Any suit for the ejectment of any tenant, including ... service tenure, instituted before the commencement of this Act, or any execution proceeding arising therefrom, shall be disposed of as if Schedule 36, Orissa Tenancy
management. Bhairabendra through the Court of Wards could be ejected in execution of a decree and that being so, the fact that an injunction existed
decree for ejectment against the defendants who were tenants of the premises in question. The decree has been executed, and, in the execution proceedings ... tenants in the suit in ejectment itself, they are not entitled to raise this plea at the execution stage, and their right
namely, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture. Apparently, once the lessor ... ejectment. Here, we are concerned with a case where the landlord has actually got an order for ejectment and has filed a petition for execution
ejected at any time in spite of the qabuliat, and the only remedy for a person in possession who is ejected contrary to the terms ... obtain damages. He cannot obtain possession of the premises. Therefore the execution of the qabuliat does not defeat the provisions of Section
arrears were not paid nor were the premises vacated. A suit for ejectment & for arrears of rent was filed ... expiry of six months the decree-holder applied for execution of the decree for ejectment.
2. Reliance was placed on certain provisions of the United
July 1946 the appellant brought a suit against the respondent for his ejectment from the house. A consent decree was passed on 14th February ... ejectment. This section runs as follows:
"14. No decree for the eviction of a tenant from
any accommodation passed be
Execution of pend- fore
