Reuben, J.

1. This appeal is directed against an order of the District Judge of Patna, dated 19-7-1949, modifying a decision of the Munsif, first Court, Patna, dated 24-5-1949. It arises in the following circumstances.

2. The respondent as the owner of a house situated in Holding 189, Circle 18, Ward 10, in the Patna City Municipality, obtained on 18-9-1948, an order from the Controller under Sec.11, Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III [3] of 1947), which I shall refer to for convenience as Act III [3], directing the appellant as the tenant to vacate the house in favour of the respondent within three months from the date of the order. An appeal against this order was dismissed by the Commissioner on 26-2-1949. The appellant not having vacated the house as directed, the respondent, on 21-3-1949, applied to the Munsif, first Court, Patna, under Sec.17 of the Act III [3] for the execution of the order. On 24-5-1949, the appellant filed an application under Sec. 47, Civil P.C., challenging the executability of the order against him. This was summarily dismissed by the Munsif. In appeal, the District Judge has made a slight modification in