tenanted premises before the plaintiff respondent goes for execution
of the decree for ejectment of the defendant/ petitioner. Mr. Singh on a specific query submits ... period the plaintiff/ respondent shall be at liberty to go
for execution for ejectment of the defendant/ petitioner by due process of law through
then the said bar against
passing an execution of decree does not come in the way for ejectment of the tenant from
the tenanted premises ... vacate the tenanted premises, the plaintiff respondent shall
initiate execution proceeding to eject the defendants petitioners.
JUDGE
Comparing Assistant
plaintiff respondent shall not take coercive measure for
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execution of the decree for two months from today. After two months ... tenanted premises, the plaintiff respondent shall go ahead for
execution of the decree for ejectment of the petitioner through the Executing Court.
JUDGE
Comparing Assistant
part of the present petitioner to vacate the tenanted premises execution process for
ejectment of the present petitioner would be initiated. On the basis
respondents as plaintiffs filed the suit against the
present defendants appellants for ejectment on the ground of non payment of rent to the
plaintiffs respondents ... appeal was filed.
But the decree for ejectment was executed.
In view of the developments after the execution of the decree passed by the learned
submitted that the applicant is not aggrieved with the decree for ejection
passed against the proforma respondents No. 5 and 6 (i.e. defendants ... aggrieved by the decree for ejection passed against the
applicant, this Court is inclined to stay the execution of money part of the decree against
petitioners are tenants under the respondents and
the suit was for ejectment on the ground of defaulter and bonafide requirement. The suit was
decreed vide ... execution.
Fix. 31.03.2014 for report".
4. Mr. Bhowmick, the learned Senior Counsel for the petitioners submits that initiation
of the execution process itself
plaintiff filed a suit being T.S. No. 46/1989 for ejectment and
arrear rent, which was decreed by the learned trial court. The legal ... decree passed in T.S. No. 46/1989
attained finality. Thereafter, execution proceeding was instituted by the plaintiff/respondent.
During pendency of the execution proceeding
falling due
then the Court is to pass a decree for execution. This shows the necessity and the
requirement of a finding by the courts ... assume that the court has the jurisdiction to pass a decree for ejectment keeping in view the
non-obstante clause in sub-section
opposite parties.
The present petitioner is the tenant judgment debtor in an ejectment decree in favour of the
respondents decree holder vide order dated ... that the respondents shall be
at liberty to execute the decree of ejectment on completion of the 8(eight) months periods ending
