Nevaskar, J. - (1.)RESPONDENT Ganeshilal, son of Munnalal, sued appellant Motilal Ramgopal for ejectment, and arrears of rent etc, in respect of the premises in dispute. This was in Civil Suit No. 34 of 1947 filed in the Court of District Judge, Mhow Cantonment.
(2.)ON 10 -7 -1947, parties arrived at a compromise and a decree was passed by the court in terms of the compromise but without setting out the terms in 'extenso' in the decree. Under the terms of the compromise, it was provided that the defendant should vacate the suit premises on 'Asoj Sudi 10' Samvat Year 2004 '(Dashera)'. It was also provided that the plaintiff should lease to the defendant the corner land in the Garden No. 104 which had been previously leased by the plaintiff to the Seth Dulichand at Rs. 10 p. m. and that in case the plaintiff failed to execute the lease within one week from 'Dashera' then the defendant was not bound to vacate the premises in question. Defendant too was required to get the lease executed within one week from 'Dashera' and on his failure to do so inspite of plaintiff's notice he was liable to be ejected. The details of the new lease to be created were also provided for.
On 16 -2 -1948 plaintiff -decree -holder applied for execution of the decree for ejectment on the allegation that the defendant failed to get the fresh lease for another land executed in spite of notice.

(3.)THIS was opposed by the judgment -debtor who attributed default to the decree -holder in the execution of the lease in respect of the corner plot as provided under the terms of the compromise.
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