PANIGRAHI, J.

( 1 ) THIS appeal arises out of execution proceedings started by me decree-holder (respondent) for delivery of possession of a house. The appellant was the defendant on a suit brought by the respondent for eviction from a house belonging to the latter and for recovery of arrears of rent. On 21-3-46 the parties filed a deed of compromises whereby it was agreed between them that the appellant would pay rent at the rate of Rs. 5/- per month for one year, namely till 31-3-47, as tenant, and at the end of the year he would vacate the house without notice. On that very same day, viz. , 21-3-46 a decree was passed in terms of the above compromise. The appellant, however, did not vacate the house, as stipulated and the respondent started execution on 17-547. In the meanwhile the Orissa House Rent Control Act had been extended to the town of Russelkonda, where the suit house is situated, it is urged on behalf of the appellant that he is not liable to eviction, firstly, on a plain reading of the terms of the compromise, the decree is inexecutable and secondly for want of a certificate from the Collector under the provisions of the House Rent Control act.

( 2 ) THE Courts belo