JUDGMENT

Chatterjee, J. - The appellant obtained a decree for arrears of rent on the 19th of April 1905. The estate of the judgment debtor was in charge of the Encumbered Estates Department at Manbhum from 23rd May 1906 to 21st April 1908 on which last date it was released.

2. The decree-holder applied for execution on the 13th February 1909, i.e., more than three years from the date of the decree. The judgment-debtor pleaded limitation and the decree-holder seeks to save his application from the bar on the ground that he was debarred, by the provisions of the Encumbered Estates Act, VI of 1876, from taking out execution during the period of the management under the Act. The Court below has given effect to the plea of the judgment-debtor holding that under a certain interpretation of the Act by the Legal Remembrancer of Bengal, followed by a legislative recognition of that interpretation by the amendment of the Act of 1876, the decree-holder was not debarred from executing his decree and that the application is, therefore, barred. On appeal it has been contended by the decree-holder that the lower Court is wrong. Section 3 of Act VI of 1876 enacted that as soon as an estate is taken