Lakshmikanta Jha, J.

1. This application in revision is by a landlady who obtained an order of eviction against one Ramdas under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947). I think on merits the application must fail.

2. The petitioner, treating Ramdas as her tenant from month to month in respect of a building, started a proceeding under Sec.11(1) (a) of the Act for his eviction for non-payment of rent. On 12-2-1947, a compromise petition was filed by the parties to the effect that the tenant be allowed to remain in occupation till 13-11-1947, and that he would vacate the house on 14-11-1947, failing which he may be forcibly evicted. Ramdas did not vacate the house on the specified date and thereupon on 19-12-1947, the petitioner filed a petition before the Controller for his eviction, and the Con troller having found that rent had not been paid for the year 1947 ordered him to vacate the house by 2-5-1948, and put the petitioner in possession. Ramdas, however, did not com ply with the order and thereupon under the provisions of Sec.17 of the Act the petitioner commenced an execution proceeding in the court of