The appellant herein obtained a decree in ejectment against the respondent in respect of a shop belonging to the appellant which had been leased to the respondent. The suit in ejectment was filed in the District Munsiff’s Court of Calicut some time in 1944. The precise date does not appear. During the pendency of the suit the Madras Non-Residential Buildings Rent Control Order was amended and the amended order came into force on the 11th July, 1944. An ex parte decree in ejectment was passed by the District Munsiff on the 8th September, 1944, and the property was delivered over to the appellant in execution proceedings on 15th September, 1944, but the execution application was not formally closed. Thereafter on 28th October, 1944, the respondent before me applied to the Court of the District Munsiff for re-delivery of the property and the same was ordered on 30th December, 1944. The District Munsiff held, upholding the contention of the respondent, that under section 8 (1) of the amended Non-Residential Building Rent Control Order, a tenant could not be evicted and accordingly held that the previous order directing delivery was wrong and the Court had jurisdiction to set