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3. The defendant petitioners did not ultimately contest the suit which was decreed ex parte on February 10, 1949. But though the suit was decreed ex parte and no issue was raised as to the nature of the tenancy, the learned Munsif made an observation that the defendants were thika tenants and that the decree would be subject to the provisions of the Thaka Tenancy Ordinance. It may be mentioned here that the Thika Tenancy Ordinance, 1948, did not stay any pending suit but stayed the execution of decrees and orders for ejectment of thika tenants, provided that within 30 days from the date of the decree or order the tenant deposited into court the arrears of rent decreed together with costs.