tenants and not tenants
and that the liability to be ejected in execution of a valid
order could not be said ... appellants were sub-
tenants, and that the liability to be ejected in execution
of a valid order could not be said
respect of all suits, appeals or
proceedings including proceedings in execution
for ejectment of a non-agricultural tenant
which are pending at the date ... suits, appeals or
proceedings including proceedings in execution for ejectment
of non-agricultural tenant which was pending at the time, of
the commencement of that
deposit of the
amount payable, be entitled to the privileges against
ejectment in execution of any decree or order of ejectment.
Clause (c) was added
appellants were Sub-tenants, and that the liability to be ejected in execution of a valid order could not be said ... Code. According to the Trial Court, however, unless the ejectment order was set aside its execution could not be an "injury" as contemplated
passed a decree in ejectment and further appeals against
that decision were rejected.
In proceedings filed by the appellant for execution of the
decree ... petition.
In the meanwhile Modi applied for execution of the decree in
ejectment against Munshi. Munshi raised the contention that
the Court of Small Causes
suit for ejectment of the
appellant was filed in 1963 and decree was obtained in 1969.
In proceeding for execution the question was whether ... suit and got a decree for ejectment on 14-8-1969. On 29-8-
1969 he filed an execution petition but the executing court
dismissed
landlord. A decree of ejectment only was
passed on the basis of compromise. The decree holder filed
an application for execution. The ten-ant raised ... execution proceedings were barred by the applicability of
constructive res judicata. The other is whether the
original decree for ejectment was valid
31st of May next following, order
his ejectment.
(5) The order of ejectment shall be executed
on or after the first day of June next ... next following. Then sub-s. (5) provides for the
execution of the order of ejectment.
50
It seems to us that the whole scheme
this execution appeal by special leave the only question that arises for decision is whether the decree under execution is a nullity as held ... Court in that connection reads thus:
As per compromise, decree for ejectment and for Rs. 165 with proportionate costs is passed in favour
petition a decree was passed, The Decree Holder
filed an application for execution of the decree and the
Judgment Debtor filed the application ... Court of Munsif, Berhampur,
objecting to the execution of the decree. The Munsif
dismissed this application of the Judgment Debtor and the
District. Judge affirmed
