tenants and not tenants
and that the liability to be ejected in execution of a valid
order could not be said ... appellants were sub-
tenants, and that the liability to be ejected in execution
of a valid order could not be said
deposit of the
amount payable, be entitled to the privileges against
ejectment in execution of any decree or order of ejectment.
Clause (c) was added
appellants were Sub-tenants, and that the liability to be ejected in execution of a valid order could not be said ... Code. According to the Trial Court, however, unless the ejectment order was set aside its execution could not be an "injury" as contemplated
authority".
When after the dismissal of the revision petition against
the ejectment decree Mehtab Singh sought to execute the
decree, he was faced with ... possession of the
accommodation occupied by the appellant, in execution of
the ejectment decree, Mehtab Singh sold the building to the
respondent on August
31st of May next following, order
his ejectment.
(5) The order of ejectment shall be executed
on or after the first day of June next ... next following. Then sub-s. (5) provides for the
execution of the order of ejectment.
50
It seems to us that the whole scheme
enhanced rent and would be liable to eviction in execution
of the decree for ejectment in the event of his failing to
pay the outstanding ... rent, on May 21, 1957, the landlords in execution
of the decree for ejectment obtained an order from the
executing court for the issue
building. The appellant obtained a decree for ejectment of the tenant, and started proceedings for execution of the decree. The connected misc. case was disposed
While an application of the respondent-landlord for
permission to sue for ejectment of his tenant, the
appellant, under the U.P. (Temporary) Rent Control ... Magistrate granted permission to sue. The respondent
filed the suit for ejectment where the appellant -raised the
plea that the permission granted subsequent to stay
decree,
or make any order, in favour of a landlord,
whether in execution of a decree or otherwise,
evicting the tenant so long ... satisfied-"
The sub-section then sets out several grounds of ejectment
under twelve main heads. Clause (e) mentions the following
ground :-
" that
heirs of Chintamani are not bound by the court sale in title execution case No. 1526 of 1933. The auction purchasers and consequently the plaintiff ... suit. Consequently, the plaintiff is not entitled to institute the suit for ejectment of the defendants.
40. Besides the principal defence raised by them
