( 1 ) THIS Rule was obtained by the plaintiff in a proceeding for recovery of possession under Section 41, Presidency Small Cause Courts Act against the order of the Registrar of the Small Cause Court by which he set aside a consent decree obtained by the plaintiff under Section 18 (1), West Bengal Premises Rent Control (Temporary Provisions) Act of 1950.

( 2 ) THE facts which are material for the purposes of this Rule are undisputed and may be stated as follows: The plaintiff started the present proceeding against the opposite party for recovery of possession of a portion of premises No. 59, Ahireetola of which the opposite party was a tenant at a monthly rent of Rs. 23/ -. On 23-5-1949, the said proceeding terminated in a compromise decree made by the Registrar under which the opposite party undertook to vacate the premises. The date of delivery of possession was extended by consent to 24-4-1950. On 31-3-1950, the West Bengal Premises Rent Control Act of 1950 came into operation and on 18-4-1950, the opposite party filed an application for vacating the consent decree under Section 18 (1) of the said Act, and the application was allowed by the Registrar by