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
force before
the appellant-landlords could obtain possession in execution
of their decree for ejectment against the respondent-
tenants. Failing to get the decree ... ejectment against the tenants,
Deorajin Debi and her minor son, on February 10, 1949, have
not yet been able to get possession in execution thereof
appeal was whether the appellant against
whom proceedings for execution of a decree for ejectment was
pending, who had applied for relief under ... came into force,
proceedings for the execution of the decree of ejectment
were pending in the Munsif's Court. On March 19, 1952, when
statutory restriction
by which the execution of a decree was prohibited and passed
an ejectment decree against a tenant the Executing Court
could not execute ... Rent Restriction Act by which the execution of a decree
was prohibited and passed an ejectment order against a
tenant, the Executing Court could
expiry of
the theka the landlord filed a suit for ejectment under the
U. P. Tenancy Act, 1939. The suit was resisted by the
company ... appellate courts. In execution the landlord obtained formal
possession on October 13, 1950, but the company resisted
actual ejectment., on July 1, 1953, the company
acquired under the 1955 Act were: (i) they were entitled
on ejectment to be paid as compensation the value of the
buildings erected by them ... ejectment
had been passed before the 1955 Act came into force, a
tenant could file an application for ascertainment of the
compensation due in execution
landlords had obtained an effective
decree and had succeeded in ejecting the tenants as a result
of that decree which may have become final between ... parties, that decree may not have been re-opened and the
execution taken thereunder may not have been recalled.
However, it was during. the pendency
While an application of the respondent-landlord for
permission to sue for ejectment of his tenant, the
appellant, under the U.P. (Temporary) Rent Control ... Magistrate granted permission to sue. The respondent
filed the suit for ejectment where the appellant -raised the
plea that the permission granted subsequent to stay
