Misra, J.

1. These two appeals arise out of two execution cases based on two decrees obtained by the appellants who are Trustees of the estate of Maharaja Sir Jotindra Mohan Tagore against the respondents in the following circumstances:

2. The two decrees were passed in Bent Suit No. 10 of 1947 and Rent Suit No. 1 of 1950, respectively, in respect of the same tenure which was held by the respondents under the proprietor represented by the appellants. The tenure in question was created on 5-1-1897, by exchange of Patta & Kabuliat between Maharaja Sir Jotindra Mohan Tagore as landlord and Pashupati Bose as in the name of one Bhava Nath Sen.

A sum of Rs. 15,676/1/- including revenue was the rental fixed under the document creating the tenure, of which a sum of Rs. 3000.00 approximately was for revenue and cess leaving a sum of Rs. 12,000.00 and odd as the net rental payable by Pashupati Nath Bose to the landlord. It appears that the rent was regularly paid up to the year 1939. Prom that year on, however, the tenure fell into arrears and the proprietor had to institute suits from time to time for realisation of the arrears of rent in respect of the tenure.

Accordingly, when Ren