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
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
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
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
judicata?
3. Whether the plaintiff is not liable to ejectment from the premises in execution of the decree obtained by defendant No. 1 against defendant ... That in the present case lease continued till the date of the ejectment decree, namely, 15th December, 1953. Thus till 15-12-1953 the possession
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
petition a decree was passed, The Decree Holder
filed an application for execution of the decree and the
Judgment Debtor filed the application ... Court of Munsif, Berhampur,
objecting to the execution of the decree. The Munsif
dismissed this application of the Judgment Debtor and the
District. Judge affirmed
limitation. On December 27, 1960 the said
executors filed a suit for ejectment of the appellant
alleging that the 'rent for the premises ... ejectment. Ultimately however the High Court of
the former State of Marwar granted a decree for arrears of
rent but refused the prayer for ejectment
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
