JUDGMENT

YOGESHWAR DAYAL, J.:—This appeal is directed against the judgment of the single Judge of the High Court of Gujarat dated 17th June, 1975. By the impugned judgment the learned single Judge set aside the concurrent judgments of the executing court and the lower appellate court dismissing objections to the executability of the ejectment decree passed by the trial court dated 21st March, 1968 on the basis of a Joint compromise petition filed by the parties and held the ejectment decree inexecutable being a nullity.

2. It appears that on or about 12th July, 1967 the appellant/landlord (hereinafter referred to as the landlord) filed a suit in the court of the Joint Civil Judge, Dahod for recovery of possession of the premises against the respondent/ tenant (hereinafter referred to as the tenant) inter alia on the grounds contained in Sections 12(3)(a) i.e. on the ground of non-payment of rent for a period of over six months in spite of notice of demand; 13(1)(e) i.e. on the ground of nuisance and 13(1)(e) i.e. on the ground of bona fide personal use, besides other grounds of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called the Act).

3. The tena