consider whether an extension of the term for which execution of a decree for ejectment is suspended is necessarily a modification of the decree ... avert the termination of a tenancy by carrying into execution a decree for his ejectment.
31. The reported cases on this subject are of little
executing the decree passed in Ejectment suit No. 524 of 1972 against respondent No. 3, had been rejected.
2. Ejectment suit ... Court proved abortive. The said decree was put into execution in Ejectment execution case No. 41 of 1985, and ultimately writ of delivery of possession
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
that decree.
3. Thus, ejectment decree was put into execution by Ejectment Execution Case No. 360 of 1966 and the plaintiff lawfully resisted the Court ... decree being binding on him he was liable to be ejected, in execution of the decree against Angurbala. No doubt it was obligatory
party. On 21st February, 1980 the petitioner as decree-holder started Ejectment Execution Case No. 65 of 1980 in the Court below for obtaining delivery ... force, of suits, appeals or proceedings in execution of orders for ejectment of any bharatia. An eviction order passed under Calcutta Thika Tenancy
bailiff filed by the decree holder/petitioner in the ejectment Execution Case No. 21 of 1996 was rejected by the City Civil Court at Calcutta ... matter of delivery of possession in an execution proceeding the court can give police assistance for execution only in exercise of the power under Order
posssesion by execution of the decree were filed. They are Ejectment Execution Cases
decree-holder applied to the Sub-Deputy Collector for execution" by ejectment, on the allegation that, the judgment-debtors had no moveable property ... ejectment, and the safeguard is provided that if the Execution Court decides in favour of ejectment, the order is not to be carried out until
appeal by a judgment debtor against an order for ejectment passed in execution of a decree. The decree was made by consent of parties ... tenancy is still in operation, and that the tenant cannot be ejected in execution of the decree.
5. The result is, that this appeal
possession of the property from the tenants thereby giving rise to Ejectment Execution Case No. 160 of 1989 in the City Civil Court at Calcutta ... which was renumbered as Ejectment Execution Case No. 130 of 2002 after transfer of the said proceedings to the Presidency Small Causes Court, Calcutta