( 1 ) THIS is the judgment-debtor's appeal against an order of the learned Subordinate Judge, 3rd Court, Alipore, rejecting his objections under section 47, Civil P. C. The material facts are not in dispute but the appellant contends that the learned Subordinate Judge has erred in law in his interpretation and application of para. 4, Indian Independence (Legal Proceedings) Order, 1947, and section 168a, Bengal Tenancy Act.

( 2 ) UNDER the zemindar-respondent the appellant holds a Patni in respect of lands which lie partly within the Indian Union and partly within Pakistan. The annual jama is Rs. 3760-11-0 and the Patni was created under a kabuliyat, executed on 20th chaitra 1319 B. section and registered on 4-4-1913. There being default in the payment of the Patni rent and the usual cesses for the period 1351 B. S. to 1354 B. S. , the landlord (respondent) instituted R. S. No. 22 of 1947 against the appellant in the 3rd Court of the Subordinate Judge at Alipore. The suit was instituted on 29-7-1947 and it ended in a compromise decree on 11-6-1948 for a sum of Rs. 16,183-12-4, payable in four annual kists or. instalments as follows:

Chaitra 1355 B. S. Rs . 41