rights in the disputed land and, as such, was not liable to ejectment. This right has been conferred under the U. P. .Zamindari Abolition ... will be for the execution court to decide whether the appellant has acquired adivasi right and is not liable to ejectment. I, therefore
vacate the premises and the plaintiff filed an application for execution. The defendant thereupon filed an objection under Section 7, U. P. Ordinance ... suit may be treated as a proceeding for execution. If, however, the period of limitation for execution of the decree has expired, and the decree
petition for execution was filed on 07.01.2022 after a lapse of
14 years.
3. The petitioner challenged the execution proceeding under Section ... under the Limitation Act for execution of decree of
perpetual prohibitory injunction. The second plea of pendency of title ejectment
suit no.300/15 will
shall not apply to the proceedings in execution of a decree or order. In this case an ejectment decree under Section 11 of the Bihar ... executing court on 5th May, 1977 for permitting them to prosecute the execution of the decree.
4. On these facts the court below permitted these
grievance of the petitioners is that the ejectment order
passed on 22.5.2003 cannot be executed in execution filed on 8.6.2006 i.e.
beyond three years
execution, of decrees in suits."
10. It seems to us clear, therefore, that the decree, and the only decree, of which execution could ... decree, execution shall be stayed."
12. It was of course open to the decree-holder to take out execution of the original decree
deceased mother is as tenant at
sufferance and it is liable to ejectment in due course of law.
Their possession is neither legal nor lawful ... defendants may remain in
possession until they are ejected in due course in execution
of the decree in the suit filed by landlord. Their possession
Section 35(1) of the CPC and the execution
of a decree of ejectment. The Hon'ble Supreme Court was
dealing with this issue ... have been taken by me as resistance to the execution of
the decree of ejectment under the said provisions of Rule
ejectment of the plaintiff from he suit land and obtained a decree for possession and in execution of the decree the plaintiff was dispossessed
High Court
The fourth execution application filed by the appellant was
dismissed on June 23,1956. The fifth execution application
was filed by the appellant ... fifth application for execution was really an application to
revive the fourth execution proceeding and therefore, it was
not time dismissing the appeal,
HELD
