1. THE present appeal arises out of a petition of objection filed under section 47, Code of Civil Procedure, and is directed against the judgment and order of the District Judge, 24-Parganas dated July 27, 1961 in Misc. Appeal no. 711 of 1960 affirming the judgment and order of the learned Munsiff, Second Court, Basirhat, dated June 30, 1960 in Misc. Judl. Case No. 101 of 1959.

2. THE appellant got a decree for arrears of rent in Rent Suit No. 1994 of 1955 on June 14, 1955. The present application for execution was presented on March 3, 1959 when the period of limitation was about to expire. The application for execution was registered as Rent Execution Case No. 85 of 1959. The petition of objection under section 47, C. P. C. was filed on July 28, 1959.

To appreciate the objection it is necessary to state certain facts. The decree holder being an intermediary his rent receiving interest vested in the state of West Bengal on April 15, 1955. The decree holder, thereafter, made an application under section 9 of the West bengal Estates Acquisition Act, 1953, and the said application was granted by the Government of West Bengal. Section 9 gives an intermediary an option to have