protection to tenants against ejectment-whether
available where decree for ejectment already obtained.
HEADNOTE:
A decree for ejectment was passed against the appellants in
November ... shall have effect
in respect of all suits or proceedings in
execution, for ejectment of a person, who
would under the provisions of this
tenant from
the land of the tenancy except in execution of a decree for
ejectment passed by a competent civil Court; and sub-section ... prohibits the execution of a decree for ejectment on the
ground of non-payment of rent within a period of 30 days
from the date
right was to be deemed a
tresspasser and liable to ejectment in accordance with the
provisions of the Act. The Legislature with the object ... duration of the Act,
and all suits and proceedings in execution for ejectment
were to be stayed
prohibit the execution and as such the respondents were
liable to ejectment but since the application had become
over a year old it would ... result he found that the
respondent was liable to be ejected in execution of the
decree for eviction but as the application had become over
passed a decree in ejectment and further appeals against
that decision were rejected.
In proceedings filed by the appellant for execution of the
decree ... petition.
In the meanwhile Modi applied for execution of the decree in
ejectment against Munshi. Munshi raised the contention that
the Court of Small Causes
joining in second appeal against
decree ordering ejectment of company from land-Landlord
filing application for execution of decree without obtaining
permission under ... Court of
the Subordinate Judge Alipore for a decree of ejectment in
respect of land occupied by a company. The suit was
decreed. Before
expiry of
the theka the landlord filed a suit for ejectment under the
U. P. Tenancy Act, 1939. The suit was resisted by the
company ... appellate courts. In execution the landlord obtained formal
possession on October 13, 1950, but the company resisted
actual ejectment., on July 1, 1953, the company
suit was instituted by the
respondents against Maneklal for a decree in ejectment and
the realisation of arrears of rent. The suit was decreed.
However ... lease for a decree in ejectment and for
arrears of rent was decreed on June 22, 1960. In execution
of the decree the trustees obtained
acquired under the 1955 Act were: (i) they were entitled
on ejectment to be paid as compensation the value of the
buildings erected by them ... ejectment
had been passed before the 1955 Act came into force, a
tenant could file an application for ascertainment of the
compensation due in execution
this execution appeal by special leave the only question that arises for decision is whether the decree under execution is a nullity as held ... Court in that connection reads thus:
As per compromise, decree for ejectment and for Rs. 165 with proportionate costs is passed in favour
