S. M. N. RAINA, J.

( 1 ) THIS is an appeal arising out of an execution case.

( 2 ) THE respondents had filed a suit against the appellant for ejectment and arrears of rent. In the said suit a com-promise decree was passed on 1-9-1971under the said decree, the appellant was to pay Rs. 10,596/- to the respondents in instalments as under:

Amount

Date of Payment

1.

Rs . 3,000/-

30-1-1972

2.

Rs . 1,667/-

30-4-1972

3.

Rs . 1,977/-

30-1-1973

4.

Rs . 1,976/-

30-1-1974

Total

Rs . 10,596/-

It was further agreed that from 1-5-1972 the appellant shall pay a sum of rupees 127/- per month to the respondents on account of damages for use and occupation of the accommodation in his occupation and in case he paid the instalments and monthly amount of damages as specified in the decree, he shall be entitled to continue as tenant of the accommodation on the old rate of rent; but if he committed any default in the payment of any of the instalment or the monthly amount of damages, he shall deliver possession of the accommodation to the respondents who shall also be entitled to obtain possession thereof and to recover the balance of the amount due by executing the decree.

( 3 ) IT was not disputed befo

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