Mahajan, J.

1. This execution first appeal is by the decree-holder. It came up before me on the 14th of May, 1959, In view of the importance of the question involved, I referred it to a Division Bench. By order of my Lord the Chief Justice, the appeal has been placed before us for hearing.

2. The relevant facts out of which this appeal has arisen are as follows:-

Pandit Hans Raj obtained a decree for Rs. 26,000/- against Balwant Singh on the 29th of July, 1938. In execution of this decree the ancestral land belonging to the judgment-debtor, was attached along with the jagir. Before the land could be put to sale, Balwant Singh died in April, 1953, and" was succeeded by his son Dhanwant Singh. On the 26th of February, 1954, and the 3rd of July, 1954, Dhanwant Singh filed two objection petitions under Sections 47 and 60 of the Code of Civil Procedure and Section 9 of the Punjab Debtors Protection Act (No. 11 of 1936) hereinafter referred to as the Act. These objections were resisted by the decree-holder on a number of grounds. These objections prevailed with the executing Court only so far as the land in dispute is concerned. By his order dated the 4th of August, 1956, the exe