Plaintiff has appealed from an order of the superior court quashing a writ of execution, vacating and declaring void a purported sheriff’s sale under the writ, and denying plaintiff’s motion to strike certain affidavits filed by defendant. The question presented is whether the judgment under which the writ was issued is a judgment for the payment of money or merely a judgment declaratory of the rights of the parties under the terms of a lease.

Plaintiff in his complaint filed November 12, 1942, set forth the terms of a certain lease between plaintiff as lessor and one Miller as lessee, which lease was assigned to defendant, successor to the lessee. The lease contained the following provision:

*153 Plaintiff further alleged that defendant erected improvements for use in his business and not as a dwelling; that plaintiff informed defendant that he had appointed an arbitrator to determine the increase in rent pursuant to the terms of the lease, but that defendant refused to appoint an arbitrator.

The prayer of the complaint was as follows:

On December 21,1943, the parties entered into a stipulation which recited the provision of the lease above quoted and that “the facts set forth in the complaint are true” and then provided: .

Pursuant to the stipulation judgment was entered as follows:

Nothing further of importance on this appeal occurred in the action, until August 17, 1948, when plaintiff secured the issuance of a writ of execution by presenting to the clerk of the superior court an affidavit that the sum of $1,322.50 was *154 unpaid on the judgment. The writ was delivered to the Sheriff of Fresno County, who levied upon and sold real property of the defendant. Defendant then moved to quash the writ and vacate the sale, supporting the motion with affidavits. The court in its decision on the motion found:

The decision of the judge of the court below was obviously correct. The plaintiff’s complaint in the action sought only declaratory relief, with an incidental award of costs and attorney’s fees. The stipulation for judgment does not provide that plaintiff shall recover $75 per month from defendant, but that “said plaintiff shall be entitled to rents from said defendant for the premises described in said lease” of $75 per month. The inept language of the judgment, that defendant “pay to plaintiff” $75 per month, cannot control, in view of the record above recited and the further language of the judgment that such payment is “subject to the terms and conditions of that certain lease.” The plaintiff by his action sought only declaratory relief; the stipulation for judgment clearly contemplated only declaratory relief; and the judgment itself, while it provides that defendant “pay ... to plaintiff,” further provides that such payment is “subject to” the terms of the lease.

The only reasonable construction is that the judgment constitutes a declaration of the rights and duties of the parties under the provisions of the lease, and no more. The construction urged by appellant would require a holding that defendant had in effect authorized confession of judgment for any unpaid rent accruing at any time in the future. The error of such a construction, in the light of the record, is manifest. At the time the action was brought, the plaintiff had no cause of action for unpaid rent except for such increased rent as might be awarded pursuant to the provision for increased rent if improvements were added. We have considered the authorities cited by appellant and do not deem them applicable here.

Our conclusion upon the main question presented renders *155 it unnecessary to consider the merits of appellant’s contention that the affidavits filed by respondent in support of his motion should have been stricken. Irrespective of the affidavits, the court’s decision was correct.

The orders appealed from are, and each is affirmed.

Doran, J., and Drapeau, J., concurred.