JUDGMENT

Greaves, J. - This is an appeal by the judgment-debtor against a decision of the Subordinate Judge of Noakhali reversing the order of the 1st Munsif of Lakhipur.

Facts. - The Opposite Party No. 1 held an under-raiyati under the appellant. In execution of a decree in ejectment the appellant obtained khas possession of the under-raiyati against the Opposite Party No. 1. The superior landlords subsequently obtained a rent decree against the appellant and in execution thereof the holding was brought to sale and purchased by the Opposite Party No. 3. The Opposite Party No. 1 obtained settlement of the land from the auction-purchaser at the execution sale, the Opposite Party No. 3.

After this the judgment-debtor applied to set aside the sale by the landlord in execution of the rent decree. This was contested by the auction-purchaser, but a compromise was arrived at and the sale was set aside. Thereupon the appellant applied for restoration of possession against the Opposite Party No. 1 who held the under-raiyati. The Munsif said that he had no jurisdiction to. deal with the matter under the provisions of Section 144, Civil P.C. but that as he considered the applicant was entitled t