challenging the order dated 11.11.2019, passed by the Executing Court in Rent Execution Case No. 6 of 1999 and the order dated 20.11.2019, passed ... decreed in his favour. He filed an application for execution of the ejectment decree. It was registered as Execution Case No. 6 of 1999. During
execution of a decree and is reproduced hereinafter:-
"182-B. - Delivery of possession in execution of a decree or order for ejectment shall
suit, the object, of the landlord is to eject the sub-lessee from the land in execution of the decree and such an object
appellant-wife filed an application for execution of decree dated 06th August, 2001, in the said execution application, the respondent-husband moved an application under ... suit for ejectment against the defendant/tenant in the court of small causes, Ahmedabad, the suit was decreed in his favour. During execution proceedings
bhumidhar, sirdar or asami, such a person was liable to ejectment on the suit of the Gaon Sabha or the Collector and was also liable ... executed within the period prescribed for institution of the suit or the execution of the decree, the person taking or retaining possession would acquire sirdari
period of limitation prescribed for such suit or for the execution of land decree, as the case may be.
Provided that where the person ... necessitate within limitation the institution of a suit for her ejectment, under Section 180 (1) of the Act of 1939.
38. Sri Vishnu Singh
transferor landlord would be proper and so also the suit for ejectment."
He has also placed reliance upon judgment of this Court ... later date, it will operate from the date of its execution. Paragraph 15 of the said judgment is quoted below:-
"15. There
direction in the nature of mandamus directing the respondent concern to re-eject and clear the Gram Sabha Land of village Thanagaddi, Tehsil Kerakat, District ... ejectment from over Gaon Sabha property has been finalized and they have been directed to vacate the land but till date the order
case where at the time of sale or execution of sale-deed, possession was not given to the petitioner rather he has taken possession ... provided under Section 134 of the U.P. Revenue Code, 2006 for ejectment or petitioner may maintain a suit for possession.
Writ petition is dismissed
Rishipal Singh And Others vs Balram Singh And Another on 9 June, 2020
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