1. THIS appeal is against an order of the learned Subordinate Judge, 5th Court, Alipore, dated the 4th July, 1958, in M. Ex. Case No. 21 of 1953 arising out of execution of a decree for payment of maintenance to the decree-holder at the rate of Rs. 150/- per month. By the decree, premises No. 44, Garden Reach Road in the District of 24-Parganas was charged for the due payment of the maintenance. By an order dated the 28th June, 1954, the executing Court appointed a receiver of the charged property with power to realize the rents and to apply the net collections for the liquidation of the decretal dues.

2. IT is common case that the property charged by the decree is an estate and that the judgment-debtors are intermediaries within the meaning of the West Bengal Estates Acquisition Act, 1953. On the due publication of a. notification under section 4 of the Act, the property vested in the State of West Bengal, free from incumbrances as from the 1st Baisakh, 1362 B. S. corresponding to the 15th April, 1955. The decree-holder as also the judgment debtors preferred claims before the Additional Collector, 24-Parganas for the ad interim compensation payable under section 12 of the