Wadsworth, J.

1. This appeal is preferred by the decree-holder against the dismissal of his petition for the execution of a compromise decree. The decree is dated 10th December, 1931 and it arose out of a suit for the eviction of a tenant under a Malabar Marupat. The terms of the compromise decree may be summarised as follows: The amount due from the defendant for arrears of rent was fixed at Rs. 89-3-5, the plaintiff agreeing to relinquish the balance of h s claim. The amount settled as due from the plaintiff for the value of improvements was Rs. 25-11-5. It was agreed that on the plaintiff depositing in Court before the 31st August, 1932, the sum of Rs. 236-8-0 (that is, Rs. 325-11-5 - Rs. 89-3-5) the defendant should surrender the property and should thereafter up to the date of surrender pay rent at a stipulated rate; any arrears of rent to be adjusted against the amount due for improvements. There was also a term regarding the settlement of a promissory note dispute between the parties.

2. Instead of making the deposit within the nine months allowed by the terms of the compromise decree the plaintiff did nothing until just before the date on which the decree would become