( 1 ) THE applt. was a month to month tenant and the rent reserved was Rs. 17/-only. He did not pay rent for the months of January and February 1946. The landlord on 6-3-1946 gave him a notice calling upon him to pay the arrears of rent and to vacate the premises on 31-3-1946. The arrears were not paid nor were the premises vacated. A suit for ejectment and for arrears of rent was filed on 3-5-1946. The parties entered into a compromise on 8-11-1946. The terms of the compromise were that the applt. would vacate the house within six months and he would pay Rs. 38/- on account of arrears of rent and damages for use and occupation. It was not specified how much of it was due as arrears of rent and how much for use and occupation. Rupees 38 were paid after several months. On 27-5-1947, after expiry of six months the decree-holder applied for execution of the decree for ejectment.

( 2 ) RELIANCE was placed on certain provisions of the United Provinces (Temporary) Control of rent and Eviction Act (III [3] of 1947) and it was urged that the decree was no longer executable. This Act received the assent of the Governor-General on 28-2-1947 and was published in the U. P. Gazette (