S.K.JHA, J.

1. This appeal is directed from the order of the learned Subordinate Judge, Sasaram, dated the 6th of July, 1970 in Miscellaneous Case 48 of 1969 arising out of Execution Case 47 of 1966 levied by the present appellant and his mother Most. Phul Kali Debi, the two decree-holders. The execution case has been held by the court below to be not maintainable in view of the provisions of the Bihar Land Reforms Act, 1950 (hereinafter called the Act). Against that order, one of the decree-holders being aggrieved has come up in appeal.

2. The facts relevant for the disposal of this appeal are not at all in controversy. A title (partition) suit numbered 37 of 1953 was instituted by Ganesh Dubey and his son Brij Bihari Dubey for partition of their five annas nine pies share in tauzi 7060 (7069?) in village Pakpurwa. The preliminary decree in the suit was passed on the 28th February, 1955. Proceedings for preparation of the final decree were started and the pleader commissioner submitted his reort on the 13th of January, 1956, which was confirmed by the trial Court on that very day. But, it seems, the signing of the final decree was stayed under orders of this Court during t