Bireswar Sen And Anr. vs Ashalata Ghose And Anr. on 12 August, 1968
Equivalent citations
such a also.
38. Now it cannot be doubled that a decree of the civil Court must have its due force ... principle, any difference between an executed and unexecuted decree so far as the meaning of "dispute" is concerned. Clause
arrears in the same action or may adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrears ... arrears in the same action or may adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrears
decree passed by the Deputy Collector of Hazaribagh on the 22nd of July 1892. The decree runs as follows: "That a decree be passed ... arrear in the same action, or may adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrears
arbitration award.
The decree-holder says that the amending Act of 2001 introduced Section
31A into the 1993 Act to cover unexecuted decrees or orders ... decree or order has not been executed. It is
only such unexecuted decree or order that if made the subject matter of an
application before
arrear in the same action, or may adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrear
expired shall be ejected otherwise than in execution of a decree or order under the provisions of this Act." It is quite clear, therefore ... arrear in the same action, or may adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrear
District Judge supposed, a decree merely for the co-sharer landlord's share of the rent, or a decree for the whole rent ... cannot be obtained in the manner indicated in Section 65 the unexecuted decree may, it appears, become the basis of a suit for ejectment under
same action ; and the section enables the landlord to adduce any unexecuted decree for arrears of rent, as evidence of the existence of such arrear ... enforcing his rights by the landlordmention is made of an unexecuted decree for arrear of rent. The provision thus made in Section
arrear in the same action, or may adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrears