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
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
clear beyond any doubt is that
when the possession is obtained in execution it must be
followed by an act of occupation which must inevitably ... clearly supports this
construction. Section (13) (1) has allowed the landlord to
eject the tenants from the Dresden in their possession for
specified reasons
disposal of suits for
ejectment. Section 4(1) provides that if the landlord
succeeds in obtaining a decree for ejectment, the Court
shall ascertain ... shall, inter alia, apply to suits in ejectment which are
pending or in which decrees for ejectment have been passed,
but have not been executed
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
Mahendra Lal Jaini vs The State Of Uttar Pradesh And Others on 7 November, 1962
