( 1 ) THIS is an appeal by the decree-holder against an order passed by the Subordinate Judge, Midnapore, on an application under Section 47, Civil P. C. , dismissing an application for execution for the balance of a rent decree.

( 2 ) THE matter arises in this way: On 17-4-1935, the appellant obtained a decree in a rent suit for the sum of Rs. 5,727-15-0. Thereafter the debtors went to the Debt Settlement Board, but ultimately their application was dismissed for non-prosecution by the Debt Settlement Board. Then on 1-11-1941, a petition for execution of the decree was filed by the appellant. In the application which was made the assistance of the Court was sought by attachment and sale of the movables ' belonging to the judgment-debtors. Three objections were filed by the judgment-debtors under Section 47, Civil P. C. in the said execution case and as a result thereof three miscellaneous cases were started. The main ground of objection taken by the judgment-debtors was based on Section 168a, liengal Tenancy Act; in other words, it was contended that in view of the provisions of Section 168 (1) (a), Bengal Tenancy Act no sale of the movables sought to be attac