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
possession of the same on 19th November 1931 in execution of the decree for ejectment. Issue No. 3 put the plaintiff to the proof ... physical possession of the property in execution of the decree for ejectment. As a result of the decision on issues
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
Rajasthan Tenancy Act provides the mode for execution of decrees for ejectment, namely that they shall be enforced in accordance with the provisions ... which the revenue laws placed as to the time for execution of decrees for ejectment, does not apply to a case under Sub-section
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
statutory restriction
by which the execution of a decree was prohibited and passed
an ejectment decree against a tenant the Executing Court
could not execute ... Rent Restriction Act by which the execution of a decree
was prohibited and passed an ejectment order against a
tenant, the Executing Court could
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
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