Ramesam, J.

1. This civil miscellaneous second appeal arises in execution of a decree obtained by the appellant before me against the three defendants in O. S. No. 173 of 1911 on the file of the Court of the Principal District Munsif of Madura. In execution of this decree the plaintiff has attached and seeks to bring to sale the 2nd defendants share in the village of Vellikurichi. The 2nd defendant is a member of the family of the Nayaks, the last native rulers of the Madura District. After the attached property was advertised for sale, the Government filed a claim petition under Order 21, Rule 58 of the Civil P. C. claiming that they are entitled to the reversion in the attached property which is an unenfranchised inam and that it ought not to be sold. The 2nd defendant also filed a petition in para. 3 of which he states that the village of Vellikurchi has been held to be inalienable and impartible Kumara Thirumalai Naik v. Bangaru Tirumalai Sauri Naik [1898] 21 Mad. 310 and the same cannot possibly be attached and sold. The process of sale is clearly illegal and opposed to the incidents of the grant.

2. The District Munsif held that the village is saleable and disallowed th