JUDGMENT :- This Miscellaneous Second Appeal by the judgment-debtor under a rent decree is filed against an order passed in appeal by the District Judge of Mayurbhanj confirming an order under S. 47 C. P. C., by the Rent Suit Deputy Collector Bhadrak, in execution proceedings of the decree.

2. A rent decree was obtained in suit No 9969 of 1941-42 on 17-4-42. The decree shows the properties on which the rent appears to have been claimed. There were subsequently appeals against the said decree to the District Judge as well as to the High Court and the matter was finally decided on 9-9-47. In execution of the said decree, the decree-holder, the Collector of Balasore on behalf of Lalita Dei Endowment Estate filed an execution application in Execution Case No. 927 of 1950-51 on 7-8-50 in which he prayed for realisation of the decretal dues by attachment and sale of the movable properties described in the execution application or by sale of the immovable properties also described therein being the properties on which the rent payable was the subject matter of the suit.

The execution petition filed in 1950 was pending till about the end of 1954 and the pendency was mostly due to the nazarat