JUDGMENT

UNTWALIA, J.:— This is a decree-holders appeal by special leave. The sole respondent is the judgment-debtor. The appellants filed a suit against the respondent in the Small Causes Court at Ahmedabad in 1964 claiming a decree for eviction against him on the ground of non-payment of rent and bona fide personal necessity. The grounds made out were in accordance with the relevant provisions of The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - hereinafter to be referred to as the Act. The respondent filed a written statement with a view to contest the suit. Eventually on account of the default of the defendant the suit was taken up for hearing ex parte and an ex parte decree was passed on the 16th of March, 1966. The defendant applied under O. 9, R. 13 of the Code of Civil Procedure - hereinafter to be referred to as the Code, for setting aside the decree. It was set aside. But ultimately the suit was disposed of on the 1st March, 1967 on compromise between the parties. According to the terms of the compromise decree the judgment-debtor was to hand over possession of the suit premises to the decree-holders within a period of three years i. e. by 1st of March,