R.S. Pathak, J. - (1.) This is a decree-holder's appeal against an order passed by the learned Civil and Sessions Judge, Saharanpur holding that the decree for ejectment was not executable.
(2.) The appellant was the landlord of certain property of which the respondent was tenant, A suit was tiled by the appellant for ejectment and arrears of rent, and the said suit was decreed in terms of a compromise which contained the following terms: "The suit is decreed for Rs. 987/8/- but dismissed regarding the relief for ejectment and the parties are to bear their own costs; in case the defendant does not pay the aforesaid amount by July 27, 1950 the suit will be considered to have been decreed for ejectment also and the plaintiff will be entitled to execute the decree for ejectment and arrears of rent."
(3.) It appears that the respondent defaulted in payment of the decretal amount and thereafter an execution application was filed against him by the appellant for arrears of rent and for ejectment. The respondent preferred an objection to the execution application inter alia on the ground that the decree was not executable as regards ejectment inasmuch as the condition relating to ejectment on default of payment of the decretal amount was in the nature of a penal clause.;