JUDGMENT Derbyshire, C.J. - This is an appeal from a decision of Gentle, J., dismissing a petition by Mrs. Julie Sen wherein she asked for variation or rescission of the decree made by consent in this Court on May 11th, 1943, whereby she agreed to pay certain arrears of rent by certain stipulated times and to make over possession of 45, Theatre Road to the Plaintiffs on or before September 30th, 1943. The Appellant was a tenant in the above premises. She had been for some years having disputes with her landlords, the Plaintiffs, as to the condition of the premises and also as to payment of arrears of rent. A rent suit was begun against her in the Small Causes Court and then transferred to this Court and heard along with another suit brought by the Plaintiffs against her for possession. Those two matters were subject of a settlement which was arrived at in Court on May 11th, 1943. The applicant has asked that the settlement as embodied in the decree be varied so that she be given the benefit of certain provisions of the Calcutta Rent Control Order. 2. The matter came before Gentle, J., on November 11th, 1943. Gentle, J., decided that he was unable, under the terms of cl. (11) of the Rent Control Order, to vary the same and dismissed the applicant's application. 3. After hearing the applicant's appeal in this matter I have come to the same conclusion as Gentle, J., did for exactly the same reasons which Gentle, J., gave and I am of the opinion that this appeal should be dismissed with costs. The stay of execution is dissolved. Lodge, J. I agree.