possession of the landlord as a result of execution of a decree for ejectment under Sub-section (2) of Section 66 , Bihar Tenancy ... arrears of rent, (b) if a raiyat is ejected from a holding in execution of a decree
passed under Sub-section (2) of Section
only, and in execution of that Decree for possession defendant 1 got possession on 27-4-1947 by ejecting the plaintiff.
The plaintiff ... here that when the decree for ejectment of Rahim Bux, obtained against him by defendant 1, was under execution, the sole judgment-debtor, Rahim
plaintiff who was held to have purchased in execution of a money decree wanted to eject some of the heirs of the recorded tenants
month to month tenant", is he liable to be ejected on the expiry of the period of the tenancy?
16. I may, at this ... building he shall not be liable to be evicted therefrom, whether in execution of a decree or otherwise, except-
(a) in the case
stranger into the joint family, the purchaser, by purchasing at an execution sale, acquires the right to compel the partition which his debtor might have ... Therefore, even in cases in which the auction purchaser purchases in the execution of a decree against a member of Hindu Mitakshara family just
litigant, who has once passed through that door, cannot afterwards be ejected by the happening of events outside and beyond his control; The underlying principle ... seisin of the whole case, though for certain purposes, i.e. execution, the decree is regarded as final, and courts below retain jurisdiction
Prahlad Pd. Modi And Anr. vs Tikaitni Faldani Kumari And Anr. on 1 February, 1956
Jiut Ram And Ors. vs Jagarnath Ram And Anr. on 2 April, 1956
Equivalent citations
Mt. Tapesara Kuer vs Kalap Rajwar And Ors. on 13 January, 1956
Equivalent citations: AIR1957PAT92
Jitendra Pratap Bahadur Sahi vs Bhagwati Prasad Singh on 16 April, 1956
Equivalent citations: AIR1956PAT457
