Judgment

DAS, J. - This appeal has came up for hearing before us on transfer from the Privy Council. The appellant is the present holder of Taluk Kakwara which appertains to Mahalat Kharakpur. The respondents represent the Banaili Raj which has also acquired the Mahalat of Kharakpur. The respondents obtained a decree for Rs. 11,537-14 6 against the appellant for arrears of rent and cess and applied for execution of their decree by the attachment and sale of Taluk Kakwara. On 29th August 1939, the appellant judgement debtor filed an objection under S. 47, Civil P. C. alleging that as Taluq Kakwara was held on Ghatwali tenure it could not be sold in execution of a money decree. This objection was rather too wide, for all lands held on Ghatwali tenure were not necessarily inalienable. Indeed, in Kali Pershad Singh v. Anund Roy, 15 Ind. App. 18 : 15 Cal, 471 which related to the Ghatwali mahal of Kharna within the Mahalat of Kharakpur the evidence clearly established a number of instances in which there had been unquestioned transfers and sales applicable to Mahals in Kharakpur and it was held by the Privy Council that the true view to take was that such a tenure in Kharakpur was not in