JUDGMENT
Das, J.
1. This appeal arises in execution of a decree for ejectment obtained by the respondent against the appellant, in respect ... Section 5 . Similarly when an execution proceeding is filed to enforce a decree for ejectment already obtained after an exemption order, no ground
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
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
instrument would not convey any title; and (ii) the suit was for ejectment of the defendant on the ground that he was a tenant ... made by registered instrument except in the case of a sale in execution of a decree or of a certificate signed under the Bihar
Judge, Cuttack, directing the dismissal of the pltf's suit for ejectment & damages. The facts - which are not in dispute - are that ... holding was put up to sale in execution & purchased on 25-10-1938 by deft 1. In due course deft 1 took delivery through
Alli Babi And Ors. vs Krishna Sahu And Ors. on 27 April, 1950
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