OJHA, J. :- The dispute giving rise to this Special Appeal relates to a house. It belonged to one Dharam Deo Agarwal. It was let out to Jagdish Saran Rastogi, respondent No. 7. The appellant Ganesh Prasad purchased the house from Sri Dharam Deo Agarwal on 29-12-1970. Thereafter, he made an application under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, for permission to file a suit against respondent No. 7. The necessary permission was granted on 4-5-1971. It was to be operative after thirty days. The appellant, however, filed a suit for ejectment of respondent No. 7 on 6-5-1971. The parties entered into a compromise on 12-5-1971 and the same day and decree for ejectment was passed on its basis, The decree was put in execution on 21-5-1971 and the appellant obtained possession through the Court Amin on 24-5-1971. Thereafter, an objection was filed by Sri Badri Prasad Tandon, Manager, Thakur Prasad Badri Prasad Junior Girls High School, Moradabad, respondent No. 5, under Order XXI, Rule 100 of the Code of Civil Procedure on the allegation that the house was occupied by the school in its own right and since it was not a party to the decree in exec