Sir Binod Mitter:-

This is an appeal against the decision of the High Court of Patna, dated 29th March 1926 affirming the decision of the District Judge of Purneah, whereby it was held that a decree obtained by Dhanpat Singh dated 10th July 1896 cannot be executed against the respondent.

Dhanpat Singh was the zamindar of Lot Saifganj in Pargana Haveli in the district of Purneah, and Chatterpat Singh was the holder of the patni of the said lot. He settled the same in several parcels with various darpatnidars amongst others with the father of the present respondent. Dhanpat sold his zamindari to Bhagwanbati on 27th June 1893.

Dhanpat instituted a suit against the patnidar Chatterpat Singh on 21st September 1893, for arrears of rent due to him up to 27th June 1893, and obtained a decree which became final on 10th July 1896.

On 19th July 1896, Dhanpat executed a deed of trust in favour of several trustees for the benefit of his son Maharaj Bahadur Singh (and they are hereinafter referred to as appellants or decree-holders) of several properties, including amongst others the decree of 10th July 1896. Dhanpat died on 2lst July 1896.

Chatterpat again defaulted in the payment of rent of the put