landlord or any other person to whom it was sold in execution of a decree for arrears of rent - (i) in the case ... possession of the landlord as a result of execution of a decree for ejectment under sub-section (2) of Section 66 of the Bihar Tenancy
arrears were not paid nor were the premises vacated. A suit for ejectment & for arrears of rent was filed ... expiry of six months the decree-holder applied for execution of the decree for ejectment.
2. Reliance was placed on certain provisions of the United
July 1946 the appellant brought a suit against the respondent for his ejectment from the house. A consent decree was passed on 14th February ... ejectment. This section runs as follows:
"14. No decree for the eviction of a tenant from
any accommodation passed be
Execution of pend- fore
application for execution which was registered as Execution case No. 27 of 1946, in which be sought to execute the decree for ejectment. This application ... July 1946 with interest and costs. This execution case is still pending and has been registered as Execution Case
liable to be ejected by the plaintiffs respondents who had acquired the interest of Harihar Prasad Singh by the purchase in execution of their mortgage ... liable to be ejected by the plaintiffs-respondents who had purchased the interest of Harihar Prasad Singh in execution of their mortgage decree
acre of land out of a holding measuring 1.45 acres, in execution of a mortgage decree against defendant 2 who was the occupancy raiyat ... suit against defendant 2 and put up the holding to sale in execution of the decree obtained in that rent suit. Defendant 1 purchased
liable to ejectment for arrears of rent, but his tenure or holding, shall be liable to sale in execution of a decree for the rent
suit by a tenant to contest his liability to ejectment or hy a landlord to eject a tenant or to enhance his rent ... ejected, the ejectment shall not be invalidated by reason of the omission; but the Ct. or Revenue Officer which decreed or who ordered the ejectment
present Rule in which he has held that there being no execution in process the judgment-debtor cannot maintain the present appln. under Section ... though they were regular suits in ejectment. Nothing can be clearer than they are not. They are proceedings sui generis & partake to my mind
executed, and Section 29 , which deals with pending suits and proceedings in execution (necessarily of pre-Act decrees). The latter enjoins the controller on transfer ... excludes Sub-section (1) of Section 5 , (which requires proceedings in ejectment to he instituted before the Controller) whereas Section 29 makes no such exclusion
