Wanchoo, C.J.—This is an appeal by Jagjivan Singh, judgment-debtor, in execution proceedings and arises in the following circumstances:—

Sitaram, decree - holder, brought a suit for ejectment of Jagjivan Singh from a house, of which Jagjivan Singh was a tenant. The ground on which the ejectment was prayed was that arrears of rent were due and the house was required by the landlord for his own personal use. The suit was dismissed by the trial court so far as the prayer for ejectment was concerned. Thereupon there was an appeal to the Additional District Judge and a compromise was arrived at between the parties. On the basis of this compromise, Jagjivan Singh agreed to hand over possession of the house within ten months and a decree was passed accordingly on the 30th of September 1950. At that time, the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. XVII of 1950) was not in force; but the Marwar House Rent Control Act, 1949 was in force. When the period of ten months came to end, the decree-holder Sitaram applied for execution of the decree by ejectment. Thereupon an. objection was taken by the judgment-debtor Jagjivan Singh that the decree was; not executable an

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