893 of 1963 Appeal by special leave from the judgment and order dated August 14, 1959 of the Assam High Court in Appeal from Original Order No.
C. Setalvad, B. P. Maheshwari and M. S. Narasimhan, for the appellants.
Sen, and P. K. Ghosh, for the respondents.
The present execution began on August 16, 1954 and was pending in the companyrt of the Subordinate Judge, L.A.D., Gauhati when the Assam Non Agricultural Urban Areas Tenancy Act, 1955 Assam Act 12 of 1955 came into force from June 26, 1955.
The appellants against whom the decree for ejectment is being executed are the widow and son of one Maliram Agarwala whose father Arjun Das had taken on lease the suit land from one Mohd.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by Hidaytullah J. This is an appeal by special leave against an order of the High Court of Assam dated August 14, 1959 re jecting summarily an appeal in an execution case.
21 of 1959.
The Act was passed to regulate in certain respects the relationship between landlord and tenant in respect of number agricultural A.I.R. 1957 Assam 22.
The decree was passed as far back as November 28, 1950 in a title suit filed against the appellants and was later companyfirmed by the High Court.
Soleman, predecessor in interest of the respondents.
The appellants thereupon claimed the benefit of s. 5 of the Act which grants protection from eviction to tenants, under certain circumstances.
