N.L.Untwalia, J.

1. This is a decree-holders application under Sec.115 of the Code of Civil Procedure, hereinafter called the Code, from the order dated 14-5-64 passed in execution case No. 101 of 1959 by the learned Munsif of Aurangabad holding that the application for delivery of possession is barred by time.

2. The properties over which delivery of possession was prayed for by filing an application under Order 21 Rule 95 of the Code were sold on the 22nd of May, 1961 in court auction and were purchased by the decree-holders. On 3rd of June, 1961. Bhagawan Das, opposite party No. 4, one of the judgment-debtors, filed miscellaneous case No. 139 of 1961 under Sec. 47 of the Code for setting aside the sale. Raghunandan Prasad, opposite party No. 3, another judgment debtor, filed another miscellaneous case No. 47 of 1902 on the 28th February. 1962 under the same provision of law, i.e., Section -17 of the Code, taking the point that the properties were not liable to be sold in execution of the decree in view of the provisions of law contained in Sec. 49 M of the Bihar Tenancy Act; this point had not been taken by opposite party No. 4 in miscellaneous case No. 139 of 1961. The