S.C.Misra, J.

1. This appeal arises out of an objection by the respondents to the attachment and sale of lands comprised in Khata Nos. 69 and 71, within Khewat No. 2/2, in village Armai, police station Gumla in the district of Ranchi.

2. Ramdayal Sahu obtained a decree for Rs. 7,000.00 against the respondents on the 18th of July, 1940. The decree was put into execution and, in course of it, the judgment-debtor put forward the objection that the two khatas in question were raiyati lands and the decree-holder was debarred from putting these lands to sale under Sec. 47 of the Chota Nagpur Tenancy Act (Bengal Act 6 of 1908) as amended in 1938 and 1947. No doubt, these lands were originally the bakasht lands of the Judgment-debtor, but after the proprietary interest vested in the State of Bihar under the Land Reforms Act, the Judgment-debtor continued in possession of the lands as raiyati interest in terms of Sec. 6 of the Land Reforms Act. The executing court acceded to the contention and allowed the Miscellaneous Judicial Case No. 80 of 1958 which arose out of the objection. The decree-holder came up in appeal from the decision of the Special Subordinate Judge, Ranchi, who all