JUDGMENT

1. This is an appeal by the decree holder against an order made in proceedings in execution of a decree. The appellant held a decree for money against the defendant and attached his holding in execution. The judgment debtor objected that the holding was not transferable and could not consequently be sold in execution. There was an investigation as to the nature of the tenancy, and the Court held that the holding was in fact nontransferable. Thereupon on the authority of the decision of the Full Bench in Dayamoyi v. Anandamottan Roy Chowdhury [1915] 42 Cal. 172 - 18 C.W.N. 971 - 20 C.L.J. 52 - 27 I.C. 61 (F.B.) the application for execution was dismissed on the 6th March, 1920. On the 21st December, 1920, the decree holder presented a fresh application for execution. The property he sought to attach was the identical holding which had been released in course of the previous execution proceedings. The reason for new application was that in the interval a Special Bench of this Court had ruled in the case of Chandra Benode Kundu v. Shaikh Ala Bux [1920] 48 Cal. 184 - 31 C.L.J. 510 - 24 C.W.N. 818 - 58 I.C. 353 (S.B.) that a non-transferable holding could be attached and brought