trial Court. However the suit for arrears of rent and ejectment was decreed on the ground that the defendant-tenants had committed default in payment ... rent and had thereby incurred the liability to be ejected. On appeal by the defendants the learned Senior Civil Judge, Jaipur set aside the judgment
short `the
Act' and is not liable to ejectment pursuant to the decree
in O.S. No. 6/64 on the file ... court enhanced the improvements
587
by Rs. 256/8.4. In the execution application filed by the
appellant the respondent filed another application under
shall not be liable to be evicted therefrom whether in execution of a decree or otherwise, except in certain circumstances specified in this section ... suit for eviction and a bar even to the execution of a decree even if it had been obtained before the Act had come into
follows:
"7. (1) (a) Every suit or proceeding for the ejectment of any person from any land in pursuance of Section 37 or Section ... will have no right to eject various classes of tenants which he could have ejected if this amending Act had not been passed
proceeding" includes any suit, appeal, review or revision application for execution, or any other proceeding whatsoever under the said Act."
Thus the test laid ... kept alive for the two actions in ejectment which are the subject-matter of these two appeals.
13. What I have just held is enough
follows:
"7. (1) (a) Every suit or proceeding for the ejectment of any person from any land pursuance of Section 37 or Section ... order made, before the date of commencement of this Act, for the ejectment of any person from any land in pursuance of Section
plaint mentioned property. The plaintiffs-respondents purchased the property in execution of a decree passed on foot of a mortgage executed on the 15th April ... defence raised by the appellant is that before he is ejected, he should be paid Rs. 10,000 which was paid by him towards certain
Civil Procedure .
2. Admittedly the respondents have obtained an order of ejectment under section 47 of the Presidency Small Cause Courts Act, against on Bhagwandas ... When that order was sought to be executed, the petitioners obstructed the execution of the order and obstructionist proceeding was, therefore, taken
property in dispute, on 2-9-1964, obtained an order. of ejectment against one Raghunandan Sharma. Before this order could, be executed, Darshan Kumar petitioner purchased ... maintainable as the petitioners should have executed the order of ejectment obtained by Vishnu Dutt Aggarwal. On 30-11-1976, petitioner Darshan Kurnar filed
person entitled to admit him as tenant shall be liable to ejectment under this section on the suit of the person so entitled, or when ... period of limitation prescribed for such suit or for the execution of such decree, as the case may be, become a hereditary tenant of such
