tenant and as such, he could not be dispossessed in
execution of an ejectment order passed in rent petition in which the
objector ... flagrant abuse of process of
the Court to hamper the execution of ejectment order against the
tenant Ashok Kohli who had been running the business
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
passing of the ejectment order dated 22-7-1994 and so he is liable to be ejected in execution of the ejectment order, which ... judgment-debtor and must vacate the premises in execution of the ejectment order dated 22nd July, 1994 obtained by the decree-holder. Adjudication does
determine the question as to whether the petitioner could be ejected in execution of the decree against his lessor or it was incumbent upon ... party to an action in ejectment the decree-holder could not proceed to eject him in execution of the decree. That was the case
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
this application that the decree-holder could not eject the judgment-debtor in execution of the decree because the tenant could not be ejected otherwise ... that the civil Court had no jurisdiction to eject the judgment-debtor in execution of its decree. This plea has been rejected by both
ejectment before the Controller but not for ejectment of a
Bharatia by a thika tenant. For ejectment of a Bharatia, only a suit for
ejectment ... orders made on such
applications, and
(c) all proceedings in execution of orders for
ejectment of Thika tenants.
under the provisions of the Calcutta Thika
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
passed by the
learned Civil Judge, Senior Division, Sealdah in Ejectment Execution Case No. 9 of 2015, arising
out of Ejectment Suit ... passed by the
learned Civil Judge, (Senior Division), Sealdah in Ejectment Execution Case No. 9 of 2015 is set
aside.
Even in the present revisional
decree for arrears of rent or from which he has been ejected in execution of a decree or order of a court;
(c) subject ... suit for his eviction is filed and he is actually ejected in execution of a decree.
20. Sri G. N. Verma relied upon Bam Dular
