such tenants or sub-tenants are not ejected by the land holder by obtaining the decrees or execution thereof. Therefore, they can get a declaration ... created therein was only for a limited right "not to be ejected". Stream can not rise higher than the source and the limited
said premises and a permanent injunction to restrain execution of the decree for ejectment ... meantime, the appellant sought police aid in the execution proceeding for execution of the decree under Order 21, Rule 97 of the CPC . The wife
such
tenants or sub-tenants are not ejected by the landholder by
obtaining the decrees or execution thereof. Therefore, they
can get a declaration ... created therein was
only for a limited right "not to be ejected". Stream cannot
rise higher than the source and the limited privilege
respondent No. 1. Kailash
Chand Srivastava. Respondent No. 1 contested the suit
(Ejectment Suit No. 102 of 1972) on behalf of the tenant ... occupy the said
premises and a permanent injunction to restrain execution
proceeding for execution of the decree under Order 21, Rule
97 of the Code
from the High Court of Rajasthan on 21-3-1979 of
ejectment of Ram Kishan, mesne profits till date of
possession and also arrears ... rent. That decree had become
final. Thereafter, the appellant filed an execution
application under Order 21, Rule 35(3) of the Code of Civil
Procedure
Ahmedi Begum filed a suit for
recovery of arrears of rent and ejectment, after obtaining
the necessary permission under the Slum Areas Improvement
and Clearance ... That suit ended in a decree in
favour of Ahmedi Begum. Those execution proceedings stood
transferred to High Court. Surinder Kumar Sharma, the
subtenant, filed
time by Mitter Sen, and more so, at the time of the
execution of the second mortgage.
8. The legal position with regard ... mortgagee, who become entitled to protection
under the tenancy laws, cannot be ejected by the mortgagor
on the ground that the mortgage of the land
mortgagee had gone to the
shop and took its possession in execution of
the decree against the mortgagor. He,
thereupon, executed the rent-note ... Respondent
5. Even that sublease was terminated when the
mortgagee successfully ejected the mortgagor
from the shop in dispute under a decree of the
Court
when the squatters and the pavement
dwellers were sought to be ejected by the respondent,
without due process of law, they invoked the jurisdiction ... extinguished or taken away as, for
example', by imposition of execution of death sentence,
except according to procedure established by law. That
when considering proceedings arising out
of a landlord's petition for ejectment of a
tenant on the ground of the landlord's
personal ... open to further
challenge, which necessarily can be in the execution stage.
This conclusion inevitably follows from the well-settled
principle that a court executing
