K.Sahai, J.

1. In Title Suit No. 9 of 1950 of the Court of the Munsif at Bettiah, appellant Meghraj Sah was the plaintiff. The respondents of this appeal were the defendants in that suit. Declaration of title and recovery of possession in respect of 4 1/2 kathas out of plot No. 1577 appertaining to Khata No. 777 in village Jaitia were claimed in the suit. It was, however, disposed of on compromise between the parties. One of the terms in that compromise has been translated on behalf of the appellant as follows :

"That these defendants neither have nor shall have any connection or concern with 4 1/2 kathas of the disputed land bearing khata No. 777, khesra No. 1577, situate at village Jaitia."

The respondents have accepted this translation as correct.

2 The appellant levied execution of the compromise decree, and sought delivery of possession in respect of the area of four and a half kathas, referred to above. The respondents filed a petition in which they raised several objections. One of the objections was that the execution petition did not lie. The objection petition was heard by the Additional Munsif of Bettiah who, by his order dated 17-1-1953, rejected it without givi