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
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
time being in force, no
land-owner shall be competent to eject a
tenant except when such tenant-
(i) is a tenant on the area ... period of two months from the date of notice
of the execution of decree or order, directing
him to pay such arrears of rent
Cochin Devaswom Board, Trichur vs Vamana Shetty And Ors on 2 March, 1966
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