LAHIRI, J. :- This Rule was obtained by the plaintiff landlord in a proceeding under S. 41, Presidency Small Cause Court Act for the recovery of possession of room No. 27 of premises No. 57 Clive Street of which the opposite party was a monthly tenant at a rent of Rs. 75 per month. The facts of the case, which are undisputed, ace as follows : the present proceeding was started on 7th March 1945, inter alia, on the ground of default in payment of rent after service of a notice to quit and on 27th July 1945 it was decreed on consent in favour of the landlord. On 29th August 1945, the Calcutta House Rent Control Order was amended by the insertion of para. 9B which inter alia provided by sub-para. (3) that where any decree or order for recovery of possession had been made before 29th August 1945 on the ground of default in payment or deposit of rent but possession had not been recovered, the proceeding for recovery of possession in execution of the decree or order shall be stayed till 29th September 1945 and if during that period the tenant made an application for setting aside the decree or order and deposited all arrears of rent and costs within such period as might be allow