passed in Misc. Case no. 300 of 2015
arising our of Ejectment Execution Case No. 666 of 2000 which arose out of
Ejectment Suit ... execution proceeding could not be
drawn up before 1974 and the joint owners/decree holders initiated
execution proceeding before that court being Ejectment Execution Case
appellant in the appeal for stay of all further proceedings in
Ejectment Execution Case No.6 of 2016 pending in the
learned Court of Civil ... prefer appeal.
Said decree has been put into execution by filing
Ejectment Execution Case No.6 of 2016. Mr Roy
Chowdhury submitted that his client
passed by the
learned Civil Judge, Senior Division, Sealdah in Ejectment Execution Case No. 9 of 2015, arising
out of Ejectment Suit ... passed by the
learned Civil Judge, (Senior Division), Sealdah in Ejectment Execution Case No. 9 of 2015 is set
aside.
Even in the present revisional
forfeiture for non-
payment of rent, and the lessor sues to eject the
lessee, if, at the hearing of the suit, the lessee
pays ... suit but also within six
months of the execution of the decree of ejectment by
virtue of sec.210 of Common Law Procedure
entertain the suit for
ejectment was a nullity and the judgment debtors
successfully could object to the execution of the said decree
being a nullity ... cause and
pass a decree of ejectment therein. It was further held that
objection to the execution of the decree being a nullity
having been
favour of one D. J. Salia. It appears that before the execution of the said assignment, the 3rd Respondent had changed the name of his business ... quit. On September 1956 Respondents 1 and 2 ,filed the suit to ejectment from the suit shop against the 3rd Respondent and the Petitioner
case, the Executing Court owes
a duty to proceed
further with the execution and give
true effect to the consent decree drawn by the Court ... Rajabhai Abdul Rehman, AIR 1970 SC 1475 a decree
for ejectment on a lessee was passed by the Court of Small Causes
under the Rent
tenancy by notice since the tenancy subsists. On the other hand ejectment decree relates back to termination by notice: Hence, the claim of mesne profit ... tenancy till the date of recovery of khas possession on the ejectment decree.
23. The third and most important point is the rate
property and therefore, can resist possession and a suit for ejectment therefore, would not lie.
In support of his argument learned counsel for the petitioner ... tenant would change in the event of an execution of an agreement of sale, an execution of an agreement of sale is required
sale deed executed by Dayashankar who himself had filed objections in the execution petition, which were rejected but against which appeal is pending consideration ... relevant factor that the initial proceedings were for arrears of rent and ejectment of tenant from the Suit premises and were not with regard
