This Second Appeal is at the instance of the plaintiffs. Their suit for declaration of tile, confirmation of possession and for permanent injection was dismissed by the learned Munsif, 2nd Court, krishnagar. The learned Subordinate Judge, Nadia also dismissed the appeal confirming the findings of the learned Munsif. Thereafter, this second appeal was preferred.

2. The predecessor-in-interest of the plaintiffs held a reiyati jama comprising 14.22 acres of land in Khatian No. 831 Mouza Dhananjoypur under Nakashipara police station under Jyotish Chandra Pal Choudhury and other at an annual rent of Rs. 19-7 annas. The said J.C. Pal Choudhury obtained a decree for arrear of rent against the plaintiffs processors-in-interest in Rent Suit No. 718 of 1937. Thereafter, the said decree-holder put up the said decree in to execution in Rent Execution Case No. 262 of 1940. While the said execution case was pending the present plaintiff made an application to Dhananjoypur Debt Settlement Board for settlement of his debt under the provisions of Bengal Agricultural Debtor’s Act, 1936. The Debt Settlement Board had given notice thereof to the executing court and the further proceedings in Re