Pandey, J.

This appeal under the Letters Patent is directed against an affirming order of the learned single Judge by which he dismissed an application of Kishan Chand Sharma, judgment-debtor No. 28, under section 47 of the Code of Civil Procedure raising the following two contentions :

(i) The final decree for sale is no longer executable.

(ii) In any event, the occupancy lands of Kishan Chand Sharma are not liable to be sold in execution of the decree.

The facts of this case in so far as they are necessary for disposal of this appeal may be briefly stated. By two deeds dated 4th September 1924 and 30th June 1927, Chaturbhuj and Sewaram, the then proprietors of village Jarwans, created two successive simple mortgages in favour of Pyarelal, Ramlal and Motilal. Subsequently, contrary to the express covenant in the second mortgage deed, the mortgagors alienated Kkudkasht and chhota ghas lands of the village in favour of numerous persons (judgment-debtors Nos. 3 to 36). Kishan Chand Sharma obtained by a registered patta dated 22nd August 1936 a lease for chhota ghas plots khasra Nos. 3/1, 5 and 7/1, area 130 acres, rental, Rs. 65, for a consideration of Rs. 480 and thereby became an