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
tenant from
the land of the tenancy except in execution of a decree for
ejectment passed by a competent civil Court; and sub-section ... prohibits the execution of a decree for ejectment on the
ground of non-payment of rent within a period of 30 days
from the date
right was to be deemed a
tresspasser and liable to ejectment in accordance with the
provisions of the Act. The Legislature with the object ... duration of the Act,
and all suits and proceedings in execution for ejectment
were to be stayed
respondent. The
High Court therefore set aside the order of ejectment in
view of the fact that the rent had been deposited in the
High ... execution of a decree or order of a
Court or otherwise". The following sub-sections then lay
down the conditions under which ejectment
property of such person had been sold after August 12, 1935
in execution of a decree of a civil court or a certificate
under ... auction-purchaser cannot be
ejected under s. 37-A (8) and it is only the decree-holder
who can be ejected thereunder
Cochin Devaswom Board, Trichur vs Vamana Shetty And Ors on 2 March, 1966
Equivalent citations
Rai Sahib Dr. Gurdittamal Kapur vs Mahant Amar Das Chela Mahant Ram Saran ... on 19
