Rai, J.

1. This revision petition has been filed by the decree-holders against the order dated 26-4-1949, passed by the Munsif, and Court, Gaya, whereby he has held that Prasad Mahton, opposite party 1, is entitled to press his petition under Order 21, Rule 58, Civil P. C., in the execution proceeding started by the petitioners.

2. The petitioners who are 16 annas landlords claim to have obtained on 8-12-1947, a decree for rent against Sohrai Gope, the tenant recorded in their serishta in respect of a holding having an area of 10.29 acres. They executed the decree in Ex. case No. 496 of 1948. After service of writ of attachment and sale proclamation Prasad Mahton, oppceite party 1, filed an application under Order 31, Rule 68, Civil P C., for release of 4.93 acrea out of the holding in question. He claimed to have purchased the area by a registered sale.deed dated 9-8-1947. His case was that as he had not been impleaded in the rent suit, the decree for rent passed in favour of the landlords would have the effect of a "money decree," and hence he was entitled to have his claim adjudicated under Order 21, Rule 58, Civil P. C., and get a release of the area purchased by him fr