This Civil Miscellaneous Second Appeal arises out of execution proceedings, and it serves as an illustration of the difficulties of a judgment-creditor,who, after the decree in his favour, finds himself from the frying pan to the fire. The elaborate provisions of the Civil Procedure Code in the execution chapter are designed to prevent the decree-holder from snatching the property of the judgment-debtor, but in actual operation, they have the unintended effect of keeping the decree-holder at bay and away from the fruits of his decree. Not unoften, the process of execution occupies more time than the duration of the suit, the reason being that it is the last ditch for the judgment-debtor to offer resistance and that the Statute gives him full assistance in that endeavour. But that is law, and the duty of the Court is only to administer it.

The following facts bring out the present contest between the parties. One Somasundara Mudaliar, who was the owner of an item of property, forming the subjectmatter of this appeal, filed a suit against the present appellant, Sampath Mudaliar, and two others, for recovery of possession on the footing that the appellant was a tenant of that