1. The petitioner has come up against an order refusing to grant ad interim injunction against the defendants from taking possession of a property in execution of a decree.

2. The petitioner having been unsuccessful in a proceeding under O. 21 R. 97 of the Civil P. C. (hereinafter referred to as the Code) filed the present suit under O. 21 R. 103 of the Code. The circumstances which gave rise to the suit are as follows. According to the petitioner the house in suit originally belonged to one Md. Hussain who granted a Rehan to one Kupan Rai in the year 1924 who in his turn had assigned his interest to Sobrati (father of the plaintiff) and his brother Teju and delivered possession to them. This was in the year 1926. In the rear 1936 again Md. Hussain granted a second Rehan to Sobrati and Teju. By virtue of these transfers Sobrati and Teju continued to be in possession. In the year 1945 they partitioned their properties and the house in dispute fell to the share of Sobrati, father of this petitioner and after him the petitioner came into and continued to be in possession. There was, however, a partition suit filed by defendant Mahboob against the aforesaid Teju and others. The