R. P. Mookerjee, J. :- These two appeals arise out of two suits brought under the provisions of o. 21, r. 63, C. P. C. for establishment of the pltfs. right to proceed against certain holdings. The executing Ct. had allowed the claims as put forward by defts. 4 to 10 who are the applts. in this Ct.

2. Defendants 1 to 3 were the recorded owners of two premises situated within the ambit of the Municipality of Kurseong. The pltf. Municipality brought two suits against the said recorded owners for recovery of arrear rates in respect of those two premises as had accrued due for the period 1937-1940. The suits were decreed on 4-4-1940. In execution of the said decrees the two holdings were attached before being put up to sale. Defts. 4 to 10 preferred claims against the order for attachment and contended that they had previously obtained a decree against defts. 1 to 3 in Money Suit No. 21 of 1939 and in execution of that decree the properties in suit had been purchased by them on 21-2-1940. Defendants 4 to 10 had not been impleaded by the Municipality in the suits brought by them for the realisation of arrear rates. The claims preferred by defts. 4 to 10 were allowed. The Municip