- (1.) THE present appeal arises out of a petition of objection filed under section 47, Code of Civil Procedure, and is directed against the judgment and order of the District Judge, 24-Parganas dated July 27, 1961 in Misc. Appeal no. 711 of 1960 affirming the judgment and order of the learned Munsiff, Second Court, Basirhat, dated June 30, 1960 in Misc. Judl. Case No. 101 of 1959.
(2.) THE appellant got a decree for arrears of rent in Rent Suit No. 1994 of 1955 on June 14, 1955. The present application for execution was presented on March 3, 1959 when the period of limitation was about to expire. The application for execution was registered as Rent Execution Case No. 85 of 1959. The petition of objection under section 47, C. P. C. was filed on July 28, 1959.
(3.) TO appreciate the objection it is necessary to state certain facts. The decree holder being an intermediary his rent receiving interest vested in the state of West Bengal on April 15, 1955. The decree holder, thereafter, made an application under section 9 of the West bengal Estates Acquisition Act, 1953, and the said application was granted by the Government of West Bengal. Section 9 gives an intermediary an option to have arrears of rent collected through the State Government on certain conditions. Section 8 of the Act provides that all arrears of rent and case together with interest thereon and other amounts lawfully recoverable by an intermediary on the date of vesting from any person, in respect of any interest of such intermediary which vests under section 5 and all sums due from such person in respect of any decree for arrears of rent in respect of such interest, whether having the effect of a rent decree or money decree and whether obtained before or after the date of vesting, the execution of which is not barred by limitation, shall continue to be recoverable by such intermediary.;