( 1 ) THIS appeal from appellate order, is at the instance of unsuccessful judgment debtors, in Miscellaneous Appeal No. 47 of 1963 dated 30th April, 1964, made by the learned District Judge, Bankura, setting aside thereby the judgment and order dated 16th September, 1963, made in J. Misc. Case No. 100 of 1962, by the learned Subordinate Judge, Bankura.

( 2 ) ON or about 12th November, 1956, Title Suit No. 77 of 1956 for partition, was filed by the decree holder respondents herein against one Haliman Bibi, being defendant No. 4 amongst others and the predecessor-in-interest of the appellants herein. In the said suit, the plaintiffs claimed their 6 annas 8 gandas share on partition by metes and bounds and for separate possession and the suit was valued at Rs. 4,000/ -. The suit was decreed in the preliminary form on compromise, on 27th May, 1959 and by the said decree, it was held that Defendant No. 4 Haliman Bibi would occupy a house during her life time as a licensee. Thereafter, on or about 16th August 1961, on the basis of a report of the Commissioner of Partition, a final decree was passed.

( 3 ) THE decree-holder respondents, thereafter, instituted Title Execut