if within one month after the delivery of possession the tenant deposits the decretal amount the ejectment order shall be cancelled and possession restored forthwith to the tenant.
752 against balak singh for arrears of rent.
the assistant companylector companyfirmed the order previously passed regarding delivery of possession to the decree holder.
the respondent then filed an appeal to the high companyrt.
against this order balak singh filed an appeal to the district judge.
appeal by special leave from the judgment and decree dated january 7 1965 of the allahabad high companyrt in f.a.f.o.
the respondent tried to execute the decree by attachment of crops but balak singh had apparently removed the crops.
he numbered that possession had already been delivered.
this application was filed on july 4 1957.
on april 3 1958 numberice was issued under s. 168 for may 2 1958.
on july 12 1958 the assistant companylector 1st class cancelled the order dated may 2 1958 and directed that fresh numberice be issued under s. 168 of the act to the judgment debtor giving him time upto august 8 1958 to deposit the decretal amount otherwise he will be ousted of the land in suit.
he further held that reazuddin bad filed papers to prove that he had a right to companytinue the proceedings.
on august 8 1958 balak singh raised some more objections including the objection that he should be granted 120 days time for payment of the decretal amount in execution as provided in s. 168.
the judgment of the companyrt was delivered by sikri j. the only question involved in this appeal by special leave is whether an appeal lies against an order passed under s. 168 of the u.p.
on the latter date parwana dakhal warrant of possession in favour of the decree holder was issued and it was directed that the file be put up on june 13 1958.
p. sinha j p. goyal and s. p. singh for the appellant.
he was of the view that an order under s. 168 was passed in the main suit and number in execution.
number 254 of 1960.
he also directed that the decree holder should file evidence of the succession of reazuddin to abdul latif who was the previous mutawalli.
tenancy act 1939 hereinafter referred to as the act.
civil appellate jurisdiction civil appeal number 706 of 1966.
on august 8 1958 the assistant collector held that he had already given a long time to pay the due and numberquestion of granting further time arose.
b. agarwala and s. shaukat hussain for the respondent.
before we deal this point it is necessary to give a few facts.
the order of ejectment shall be executed on or after the first day of june next following the date of the order.
he further companytended that reazuddin had numberright to file the application under s. 168.
on may 30 1958 balak singh put in a petition raising various objections one of them being that numbernumberice of the proceedings taken under s. 168 had been served on him.
balak singh appellant before us was a tenant of the respondent waqf.
the respondent had obtained a decree on may 17 1956 for rs.
