event of default in payment, the judgment-debtor would be ejected in execution proceedings. But the words "liable to be ejected ... appeal is, therefore, allowed and the execution application in so far as it relates to ejectment of the judgment-debtor shall stand dismissed. I make
plaintiff, the
appellant before us, instituted Suit No. 292 of 1948 for
ejectment of three Persons, namely, Abdul Rahim, Abdul Hamid
and Abdul Gaffur, from ... shall apply to all
suits and proceedings, including 'proceedings
_ in execution, for ejectment of a thika
tenant which are pending at the date
right was to be deemed a
tresspasser and liable to ejectment in accordance with the
provisions of the Act. The Legislature with the object ... duration of the Act,
and all suits and proceedings in execution for ejectment
were to be stayed
forth in Rule 32 which
reads as follows: -
"32. Execution of ejectment order in such cases ( Section 47 )-
(1) Every application for ejectment ... order.
(2) The delivery of possession in execution of a decree or order
for ejectment shall be made by the Kanungo, who, on his
arrival
What is prohibited under the Section is only the execution of a decree for ejectment passed by a Civil Court. We may only refer ... What is prohibited under the Section is only the execution of a decree for ejectment passed by a Civil Court."
That is only
execution. The appeal was ultimately dismissed. The plaintiff has levied execution in E.P.No. 2166 of 1981. of the decree for ejectment. The defendant ... Ratnam, J. dealt with a case where execution of a decree for. ejectment came to be levied after the Pondicherry Buildings (Lease and Rent Control
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
years, therefore, tenant has
reason to believe that the petition for his ejectment is not bonafide and
::: Downloaded on - 19/12/2019 ... days from passing of the order, but with condition
that before execution of ejectment order, landlady had to produce
permission from Municipal Corporation, Shimla
execution petition was to move an application
for the continuation of the execution proceedings. Since the
execution proceedings have been abandoned, the suit for
ejectment ... during the
pendency of the proceedings can continue the execution
proceedings or file fresh execution proceedings. But they do
not impose any embargo
tenancy, as such in my opinion, parties did not contemplate ejectment by execution of the compromise decree. Had the intention been to allow the judgment ... permissive possession for a period of 15 years, and the ejectment thereafter in execution of the compromise decree, the parties would have said
