JUDGMENT

K. N. Srivastava, J. - This is an appeal against the judgment and decree passed by the Civil Judge, Deoria allowing an appeal against the judgment and decree passed by the III Additional Munsif, Deoria dismissing the plaintiff's suit with costs.

2. The facts giving rise to this appeal are as follows, The defendant-appellant obtained a money decree against defendants nos. 2 to 4. In execution of that decree, the disputed trees and bamboo clumps were attached. The plaintiff filed an objection under Order 21 Rule 58 C.P.C. alleging that the trees and the bamboo clumps belonged to him and were not liable to be attached and sold. This objection was dismissed by the executing court. Being dissatisfied, the plaintiff filed a suit under Order 21 Rule 63 C.P.C. for a declaration that the trees and the bamboo clumps in suit belonged to him and were not liable to be sold in execution of the decree which the defendant-appellant had against defendants nos. 2 to 4.

3. The learned Munsif held that the trees and the bamboo clumps belonged to the judgment-debtors and were liable to be sold in the execution of the decree. The learned lower appellate court held that the disputed trees and bam