JUDGMENT :- This is a judgment-debtors appeal. The suit in which the decree in execution was passed had been filed on September 17, 1945, for ejectment and arrears of rent at Rs. 3-8-0 per mensem from June 30, to September 9, 1945. The decree in the suit was passed with the consent of the parties on January 2, 1947. It provided that the judgment-debtor appellant would vacate the house by August 1, 1947, and that, if he did not do so, the decree-holder-respondent would be entitled to execute the decree for ejectment. The decree-holders right to execute the decree after this date was not subject to any condition whatsoever, inasmuch as he could claim the defendants ejectment alter that date without any restrictions. As regards the rent payable to the plaintiff-decree-holder it was agreed that the defendant was entitled to deduct the amount spent by him on repairs, that the said amount would be determined by one Mr. Raghubar Sahai Raizada, counsel appearing for the plaintiff in the case and, lastly, that, if the amount so determined exceeded the arrears due to the plaintiff, the excess would be set off against future rent, but that, if it was less, it would proportionately reduce thos

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