Judgement

Narasimham, J. :- This is an appeal by some of the judgment-debtors against the order of the Subordinate Judge of Cuttack dismissing in part their objection under S. 47, C. P. C. to the execution of a maintenance decree obtained by the respondent Bhuyani Trinayani Dasi against her late husband Srichandan Bhuyan Brundaban Chandra Roy in O. S. No. 484 of 1908. The maintenance decree (Ex. F) was passed on 16-8-1909 and several items of zamindari properties of Srichandan Bhuyan Brundaban Chandra Roy were charged with liability for the maintenance of the respondent. Two of those items are touzi Nos. 1453 and 1463 appertaining to Balasore Collectorate. The maintenance decree was slightly modified when the litigation was taken up to the High Court in 1917. But for the purpose of the present appeal it is unnecessary to discuss in detail the history of that litigation. It is sufficient to note that the aforesaid two touzis and several other properties of Srichandan Bhuyan Brundaban Chandra Roy were made subject to the maintenance charge of the respondent. Touzi No. 1463 was purchased by one Pitambar Ghose through his authorised agent in a court-sale on 23-9-1916 and in the sale-cer