( 1 ) THIS is a second appeal by Tarapada Biswas, the defendant in a suit for ejectment, from an appellate order disallowing his objection under Section 47 of the Code of Civil Procedure.

( 2 ) THE facts which are not in dispute are briefly as follows. A suit for ejectment was filed against the present appellant, on the 8th June, 1940, after the commencement of the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act, 1940. That Act came into force on the 30th May, 1940. There was a decree by the Trial Court on the 2nd January, 1941. The tenant defendant applied for stay of the execution of the decree for ejectment on the 15th January, 1941, under Section 3 of the temporary Act. Although as yet no application was made for executing the decree a stay was ordered on the 21st January, 1941. The present appellant filed an appeal from the decree and that was dismissed on the 13th March, 1942. The decree-holder filed an application for executing the decree for costs on the 29th July, 1942. That execution was dismissed on full satisfaction on the 3rd April, 1943. On the 15th May, 1949, the West Bengal Non-Agricultural Tenancy Act, 1949, came into force. There was then