( 1 ) IN these two revision petitions, the common question that arises for decision is whether the charge created in the decree in O. S. No. 248/72, hereinafter called maintenance decree gets precedence over the decrees in o. S. Nos. 140 and 141/71, herein after called specific performance decrees . O. S. No. 246/72 was filed by the petitioners as indigent persons and that suit was decreed on 11-5-1972 creating a charge on the plaint sceedule properties herein. While so, the respondents herein filed two suite, O. S. Nos. 140 and 141 of 1971 respectively seeking specific performance of the contract of Sale and alternatively for refund of the earnest money paid and also for creating a charge on the properties, the subject matter of the contract. Preliminary decree for refund of earnest money only was granted on 20-4-1979 and final decrees were also passed on 6-9-77. The relief for specific performance was negatived. In the preliminary decrees as prayed for, a charge was also created on the properties, the subject matter of the contract. The same property is the subject matter of the charge in both sets of decrees.

( 2 ) WHEN the respondents laid the execution and