( 1 ) THIS is an appeal from an order of Banerjee J. sitting on the Original Side dated 28th March 1949 allowing an application for execution of a decree.

( 2 ) THE respondent obtained a consent decree against the appellant on 3rd January 1946, and by that decree the defendant undertook to deliver possession within six months, execution of the decree being stayed for that time. The defendant did not vacate at the expiry of the period of six months and on 3rd December 1948, the Court made an order directing the Sheriff to deliver possession of the premises to the respondent. The Sheriff failed to deliver possession and an application was made to the Court for an order that the Sheriff of Calcutta be directed to deliver possession of the land and premises known as No. 2, Nayan Krishna Saha lane in the mode described by Order 21, Rule 35, Civil P. C.

( 3 ) THE appellant resisted the application and claimed to be a thika tenant and entitled to the protection given by the Calcutta Thika Tenancy Ordinance, 1948.

( 4 ) THE learned Judge came to the conclusion that the appellant was not a thika tenant and was not entitled to protection under the Ordinance. If no protecti