ordinate Bench
of this Court passed an order of stay of execution of ex parte
decree dated 9th April, 2013 passed by the learned Civil ... Judge
(Junior Division), Additional Court at Sealdah, South 24
Parganas in Ejectment Suit No.99 of 2005 till 20th March, 2019
or until further orders
Court, Calcutta
in Ejectment Suit No. 583 of 2012.
The petitioner got an ex parte decree in the suit
for ejectment filed under Section ... Bengal
Premises Tenancy Act, 1997. The said decree when was
put into execution some discrepancies were detected in
the description of the suit property.
Under
tenant in
the shop at the time the suit for ejectment on the ground of
rebuilding was filed in the Court of Sub-Judge, Reasi ... Judge, Reasi/Executing Court) without deciding the
maintainability of the Execution Petition for fixation of fair rent
OW104 No. 73/2015 Page
crops and trees.
(1) Wherein execution of a decree passed in a suit under Section 131, an asami is ejected, and the Court is satisfied
objection in execution or to plead nullity of decree hence doctrine of res judicata applies. The decree of ejectment will bind every member of Sangh
terms and conditions of the said lease agreement. After
execution of the said lease agreement, defendant company paid
SCCH-11 7 SC 112/2018
initial ... stated above. The plaintiff in the
present suit which is filed for ejectment and mesne profit has to
prove that the defendant is in unauthorised
decree of ejectment in his favour and against the
defendant, was allowed. It is further pertinent to note that
thereafter in execution proceedings, the plaintiff
Collector of the first grade having jurisdiction over the concerned
village to eject any person who is in wrongful or unauthorised
possession of the land ... deem fit and in accordance
with such procedure as may be prescribed, eject any
person who is in wrongful or unauthorised possession of
the land
would
be able to reasonably compensate for loss caused by
delay in execution of the decree by grant of stay order.
The Court while doing ... question where the landlord had claimed that even after an
r to
ejectment order having been passed, there was no provision
for claiming mesne profits
would
be able to reasonably compensate for loss caused by
delay in execution of the decree by grant of stay order.
The Court while doing ... with the
question where the landlord had claimed that even after an
ejectment order having been passed, there was no provision
for claiming mesne profits
