High Court.
When the respondent-landlord took out execution proceed-
ings for ejectment of the appellant-tenant, he objected
under Section 47 of Code ... Court on October 15, 1979.
When the landlord laid the execution application for eject-
ment the appellant objected under section
held that so long as the licensee has not been
evicted in execution of the decree lawfully obtained, his
possession under ... appellant
may remain in possession until he is ejected in due course
in execution of the decree in the suit filed by the
respondent
dated October 31, 1986 allowed the appeal and
decreed the suit for ejectment. All the three filed S.L.P.
(C) No.2751 ... members
of the Sangh to obstruct the execution of the decree. The
decree of ejectment binds every member of the Sangh and,
therefore, the appellant
such
tenants or sub-tenants are not ejected by the landholder by
obtaining the decrees or execution thereof. Therefore, they
can get a declaration ... created therein was
only for a limited right "not to be ejected". Stream cannot
rise higher than the source and the limited privilege
found in
possession, he is entitled to obstruct execution
defending his his illegal dispossession in execution
proceedings and he is also independently entitled to
file ... appellant cannot
be ejected from the premises in his possession except
in accordance with law. As regards the execution of the
compromise decree is concerned
information given in writing by a public servant, or suo motu decree
ejectment against any person in possession of the property claiming under
the transfer ... this section, the expression 'transfer' includes a
sale in execution of a decree and also a transfer made by a member of
Scheduled
from the High Court of Rajasthan on 21-3-1979 of
ejectment of Ram Kishan, mesne profits till date of
possession and also arrears ... rent. That decree had become
final. Thereafter, the appellant filed an execution
application under Order 21, Rule 35(3) of the Code of Civil
Procedure
short `the
Act' and is not liable to ejectment pursuant to the decree
in O.S. No. 6/64 on the file ... court enhanced the improvements
587
by Rs. 256/8.4. In the execution application filed by the
appellant the respondent filed another application under
reversing the decrees of the
Courts below and decreeing the suit for ejectment of the
appellants from the demised shop in Jaipur. The facts ... decree or make
any order in favour of the landlord, whether in execution of
a decree or otherwise evicting the tenant so long
contain any
of the grounds on which the respondents came to be ejected.
The pre-existing right of landlord under a decree of a court ... also forums are created for their enforcement.
thereby, the liability of ejectment incurred by the tenant
under contractual relationship prior to the Act had come
