JUDGMENT

Desai, J. - The following question has been referred to this Bench for answer:

Where a decree for recovery of arrears of rent in respect of a period prior to the date of vesting under the UP ZA and LR Act has been passed in favour of a decree-holder, can the decree holder execute such decree for arrears of rent by sale of the sirdari rights of the judgment debtor after the coming into force of the UP ZA and LR Act?

2. The material facts are these. The opposite parties obtained in 1950 a decree for arrears of rent amounting to more than Rs. 1,000 u/s 148 of the UP Tenancy Act against the Applicants, who were ex proprietary tenants. In February 1951, the opposite parties applied for execution of the decree by sale of the ex-proprietary rights of the Applicants as permitted by Section 251 of the UP Tenancy Act. While the execution application was pending the UP ZA and LR Act was enacted and the UP Tenancy Act was repealed. The former Act came into force on 1-7-1952. Under its provisions the Applicants became Sirdars in place of exproprietary tenants of the holding in dispute and thereupon they meet an objection in the executing court to the maintainability of the application for