relating to
ejectment and in Clause I relating to ejectment. Clause A
clearly contemplates ejectment of the Bhowals in execution
of the compromise decree ... liable to ejectment
by appropriate action in a court of law. This is in
contradistinction to the ejectment in execution of the
compromise decree contemplated
Thika tenant-Decree for ejectment-Execution application-If
lies in civil Court-Welfaye legislation- Interpretation-
Calcutta Thika Tenancy ... provide
for the temporary stay of the execution of certain decrees
and orders of ejectment of thika tenants in Calcutta.
Section 2 of the Ordinance
short the Act). On this basis, the
appellant instituted Ejectment Suit No.144/93 against the first
respondent which came to be decreed ... party to the said suit
for ejectment.
Pursuant to the decree obtained by him, the appellant
filed Ejectment Execution Case No.65/97 before
failed before the High Court whereupon the appellant filed a
execution application for ejectment of the occupants which
is still pending as a result ... Govind Rao Harshe. The Mahila Vadyalaya
then filed an execution application for ejectment of the
occupants and the same is still pending as a result
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
protection to tenants against ejectment-whether
available where decree for ejectment already obtained.
HEADNOTE:
A decree for ejectment was passed against the appellants in
November ... shall have effect
in respect of all suits or proceedings in
execution, for ejectment of a person, who
would under the provisions of this
ejectment before the Controller but not for ejectment of a
Bharatia by a thika tenant. For ejectment of a Bharatia, only a suit for
ejectment ... orders made on such
applications, and
(c) all proceedings in execution of orders for
ejectment of Thika tenants.
under the provisions of the Calcutta Thika
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
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
condition. A decree for ejectment
was passed ex-parte on 12-12-1995. Before appellant set out
with execution proceedings second respondent- sub-tenant
filed ... still pending.
In the meanwhile appellant moved for execution of the
decree of ejectment. On 20-3-1996, bailiff of the court went
