JUDGMENT

W. Broome, J. - This second appeal arises out of a suit for possession of an 'ahata' and shop. The plaintiff-respondent Mushir Ali Khan, who is the owner of these premises, had let them out to the defendant-appellant Abdul Ghafoor on a rent of Rs. 200/- per annum, under a registered agreement executed on 2.8.1939, for running a saw-mill. The lease was meant to be for five years only, but the defendant continued to hold over after the expiry of that period. In the year 1962 the plaintiff sought permission from the Rent Control and Eviction Officer for filing a suit for the ejectment of the defendant; and in the course of the revision arising out of those proceedings a compromise was arrived at between the parties in the Court of the Commissioner, according to which the defendant undertook to remove his machines from a certain portion of the land within six months, whereupon he would be allowed to occupy the remaining portion of the land. The Commissioner ordered on the basis of this compromise that if the defendant did not vacate the portion stipulated within the agreed six months, permission to file a suit for his ejectment would be deemed to have been granted after the exp