Kali Charan got khas possession in execution of the ejectment decree and has been realising rent from the tenants in occupation of different portions ... decreed and obtained possession of the property in execution of that decree of ejectment, does not appear to be disputed. The Trial Court has referred
force before
the appellant-landlords could obtain possession in execution
of their decree for ejectment against the respondent-
tenants. Failing to get the decree ... ejectment against the tenants,
Deorajin Debi and her minor son, on February 10, 1949, have
not yet been able to get possession in execution thereof
appeal was whether the appellant against
whom proceedings for execution of a decree for ejectment was
pending, who had applied for relief under ... came into force,
proceedings for the execution of the decree of ejectment
were pending in the Munsif's Court. On March 19, 1952, when
ejected under the
ex-parte decree. He also ordered the issue of an injunction
restraining the defendants from taking any steps in
execution ... suit, the object, of the
landlord is to eject the sub-lessee from the land in
execution of the decree and such an object
Mohangarh over the delivery of
possession of certain lands in execution of decrees for
ejectment obtained by landlords. Twelve persons lost their
lives and several ... prosecution case was that though the warrants for
delivery of possession in execution
919
of several decrees in favour of the several decree holders
Tarak Chandra Mukherjee And Ors. vs Ratan Lal Ghosal And Ors. on 21 December, 1956
these words:
"(1) (a) Every suit or proceeding for the ejectment of any person from any land in 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
ejectment of a tenant is pending, whether in trial Court or in Court of first or second appeal in which no dacree for ejectment would ... 1J48, the Court shall exercise the powers of granting relief against ejectment given by Section 14 of this Act following the provisions and procedure
provided in Section 3 , Transfer of Property Act in the case where ejectment is sought on the ground of bona fide requirement. The question ... this Act shall apply to all suits and proceedings including proceedings in execution which are pending at the date of the commencement
occupancy raiyati right; the holding was, however, put up to sale in execution of a rent decree and purchased by the proforma defendants Protiva Sundari ... debt or and therefore all of them including Protivarani were liable to ejectment.
2. Thereupon Protivarani has instituted the present suit with a view