( 1 ) THIS is a special appeal brought up on a permission granted by the learned Single Judge who dismissed the second appeal made to this Court.

( 2 ) THE appeal arises out of execution proceedings and is by the judgment-debtor.

( 3 ) ON the 18h of February, 1928 a compromise was effected between the plaintiff and the defendant. A decree on that compromise followed. The terms of the decree were that whenever the plaintiff paid a sum of Rs. 140/-to the defendant, the plaintiff would be put in possession of the property for which he had sued and that till such payment by the plaintiff of the sum of Rs. 140/- the defendant was to remain in possession of the property.

( 4 ) THE plaintiff let matters lie, inasmuch as, he did not trouble to make the payment of Rs. 140/to the defendant with the result that the defendant continued to be in possession as he was entitled to under the compromise decree. More than twelve years after the compromise decree the plaintiff paid Rs. 140/- into Court to the credit of the defendant and thereafter on the 21st of august 1944, he applied for execution of the decree. The plaintiff by the execution application sought possession over the proper