( 1 ) A preliminary objection has been raised to the maintainability of the regular second appeal which was decided by Khanna J. on March, 22, 1971 and it is, therefore, urged that this letters patent apppeal is also not competent.

( 2 ) THE respondent landlord filed a suit for ejectment of the appellant under section 13 of the Delhi and Ajmer Rent Control Act, 1952, hereinafter REFERRED TO to as "the said Act" on grounds of non-payment of rent ; mis-user of the premises and damage to the property. This suit was filed in the civil Court having jurisdiction. The suit was compromised on May 9, 1958 and a decree for ejectment was passed in favour of the respondent and against the appellant. The condition of the decree was that if the appellant paid Rs. 300. 00 in full and final settlement up to July 1, 1958, the decree for ejectment shall be deemed to have been satisfied. The appellant did not make payment in accordance with the compromise or the decree. The respondent took out execution of the decree for ejectment and an application under section 47 of the Code of Civil Procedure was filed by the appellant in the executing Court on the ground that the decree for evic