Vethamanickam V. Davoodbhoy

1962 Present: T. S Fernando, J.

V. H. D. VETHAMANICKAM, Petitioner, and C. A. DAVOODBHOY,
Respondent

S. C. 548-Application in Revision in C. E. Colombo, 77,712

Appeal-Tenancy action in respect of rent-controlled premises-Decree entered for ejectment of tenant-Condition that writ shall not issue for some time-Application for stay of execution of writ pending appeal-Computation of time limit- Application for execution of decree pending appeal-Discretion of Court to refuse such application-Civil Procedure Code, ss. 761, 763.

A tenant who seeks, pending appeal, a stay of execution of decree entered against him for ejectment must, under section 761 of the Civil Procedure Code, make his application before the expiry of the time allowed for appealing against the decree, notwithstanding that the decree contains a direction that writ of ejectment shall not issue till a specified date has expired. The circumstance that the decree has directed that writ of ejectment shall not issue for a certain period cannot have the effect of extending the time limited by section 761.

When a judgment-creditor makes application under section 763 of the Ci

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