( 1 ) THIS Rule is directed against an order made by the 4th Subordinate Judge, Alipur, in Miscellaneous Judicial Case No. 40 of 1957 arising out of Execution Case No 17 of 1957 of that court. The order is one under Order XXI, Rule 98 of the Civil Procedure Code and the petitioner before us is the objector. The facts which are material for the purposes of this Rule may be briefly stated as follows:

( 2 ) ON 25-3-1954, opposite party No. 1, Sreemati Renuka Debi obtained a compromise decree for ejectment against three persons named Gobardhan Das Barma who was a tenant of the first degree, Protap Chandra Mitter and B. R. Sarma who were sub-tenants under Gobardhan Das Barma. Under the terms of the compromise the persons against whom the decree was obtained were to vacate the premises on or before the 30th of April, 1954. The subject-matter of dispute is the entire first floor of premises No. 24a Mohini Mohan Road excepting one room. It appears that the decree-holder applied for execution of the decree on four previous occasions and on some occasions she was resisted by the present petitioner P. N. Pathak Sarma. In one of the execution cases opposite party No. 1 was directed