1. This is a special appeal brought up on a permission granted by the learned Single Judge who dismissed the second appeal made to this Court.

2. The appeal arises out of execution proceedings and is by the judgment - debtor.

3. On the 18h of February, 1928 a compromise was effected between the plaintiff and the defendant. A decree on that compromise followed. The terms of the decree were that whenever the plaintiff paid a sum of Rs.140/- to the defendant, the plaintiff would be put in possession of the property for which he had sued and that till such payment by the plaintiff of the sum of Rs.140/- the defendant was to remain in possession of the property.

4. The plaintiff let matters lie, inasmuch as, he did not trouble to make the payment of Rs.140/- to the defendant with the result that the defendant continued to be in possession as he was entitled to under