Horwill, J.-The respondent is the owner of a shop in Calicut town and the appellant is his tenant, holding the shop on a month-to-month tenancy. The respondent filed O.S.No.405 of 1943 for the eviction of the appellant; but before he could obtain a decree, the Non-Residential Building Rent Control Order, 1942, had been amended on nth July, 1944. Apparently unaware of the amendment, a decree was passed in the respondent’s favour on the 8th September, 1944. Almost immediately, the respondent applied for possession, obtained an ex parte order in his favour, and was actually put in possession on the 15th September, 1944. On the 28th October, 1944, the appellant drew the attention of the executing Court to the amendment on the 11th July, 1944, and pointed out that the Court had acted ultra vires, in that its order delivering possession to the respondent was void. The Court then took action under section 151 of the Code of Civil Procedure and set aside its previous order on the ground that it would not have passed that order if its attention had been drawn to the amendment. The matter was taken in appeal to the Subordinate Judge, who affirmed the decision of the trial Court. The