follows:-
"A writ of mandamus cannot be issued for the
execution of a decree or an order. In this connection it
would be sufficient ... case before us, the plaintiff is entitled to sue in
ejectment; he has brought such a suit and has been
successful; he is entitled
period of limitation prescribed for such suit or for the execution of land decree, as the case may be.
Provided that where the person ... necessitate within limitation the institution of a suit for her ejectment, under Section 180 (1) of the Act of 1939.
38. Sri Vishnu Singh
petitioners
was that the land manager was incompetent to have issued the ejectment
notice.
41. The Division Bench held in favour of the Port Trust ... Section 34 of the Port Trust Act provides for the mode of
execution of contracts on behalf of the Board and stated that every contract
judgment dated
07.07.2016 and the suit was decreed for the relief of ejectment of the
respondent therein from the entire premises and also for recovery ... date of recovery of possession. It has been
informed that thereafter an execution petition was filed which is pending
before the concerned court
transferor landlord would be proper and so also the suit for ejectment."
He has also placed reliance upon judgment of this Court ... later date, it will operate from the date of its execution. Paragraph 15 of the said judgment is quoted below:-
"15. There
defendant had filed a suit against the 4th
defendant for ejectment, in which, the 4th defendant had filed an
application under Section ... defendant had obtained the Sale Deed in his favour by filing execution
proceedings. The Court had executed a Sale Deed dated 20.01.1993
in favour
others, filed
an application in Form K-1 under 1953 Act for ejectment of tenant-Dalip
Singh son of Gurdit Singh. During the pendency ... applicants were small landowners and he had
no objection to his ejectment from the land in question and he did not want
any compensation.
Another
paid on the date of execution of the Sale Agreement.
Subsequently, a sum of Rs.15,00,000/- was paid on 02.04.2012 and a
further ... fact, one of the tenants filed a suit to prevent
ejectment from the suit schedule property and the judgment and decree
dated
landlord had the
personal necessity and whether he was entitled for ejectment. The third
issue was regarding the non-joinder of necessary parties.
The landlord ... respondent had stepped into the shoes after his
death. Regarding the execution and validity of the Will, objection to
which was raised, was rightly rejected
supra), the issue before the
Supreme Court was whether a decree for ejectment passed by a Civil
Court qua a commercial tenancy in the State ... heritable is
executable, or the judgment-debtors can successfully object to the
execution of the decree on the ground that same was passed
