JUDGMENT

Cuming, J. - (December 7, 1925.)---This appeal arose out of an application, for execution of a certain decree in a mortgage suit.

2. Certain properties belonging to the judgment-debtor were attached including a certain basha. On 18th December, 1916, one Mohim Chandra Chaudhuri filed a claim alleging that the basha in dispute belonged not to the judgment debtor but to him and his brother Girish. Girish also filed a separate claim. Both these claims were dismissed and the basha sold and purchased by the decree holder. Girish and Mohim filed a suit asking for a declaration that the judgment-debtor had no saleable interest in the property and the plaintiff had a putni right.

3. The suit was decreed in full but modified on appeal, the plaintiff's putni right being declared but no further relief being given.

4. The auction-purchaser who happened also to be the decree-holder applied for delivery of possession under Order XXI, Rule 95. The Executing Court held he was only entitled to possession under Rule 96, that is, through the tenant in possession. Against this order the decree-holder auction-purchaser appealed. The main contention was that there was no appeal. The lower Appellate