( 1 ) THIS is an application under Section 115 of the Code o Civil Procedure at the instance of one Deo Karan Agarwalla and it is directed against an order passed by a Munsif of Alipore in respect of a petition under Order 21 Rule 97 of the Code of Civil Procedure by the decree-holders.

( 2 ) BEFORE going into the merits of the case it is necessary to state certain facts. Opposite parties 1 to 19 are the shebaits of a debutter estate known as Bhukailash Raj Estate. Many years ago the predecessors of Satyadhan Ghosal and others are stated to have taken settlement of the suit lands from the shebaits of the debutter estate. Later on a portion o this land was surrendered and the remaining six bighas and thirteen cottahs continued to be possessed by Satyadhan Ghosal and his co-sharers. It is the case of the petitioner that Satya Dhan Ghosal and his co-sharers are settled raiyats as contemplated by the Bengal Tenancy Act in respect of the said plot of land which was settled by them in September 1939 with one Rasananda Jana. Title Suit No. 463 of 1945 was instituted by Satyadhan Ghosal against Rasananda Jana and on the 12th January 1948 a decree was passed therein against