Law: East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951)

Section: 70

Law: Civil Procedure Code (V of 1908)

Section: 69(1)

East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 70-Debt incurred and decree passed prior to coming into force of Act-Costs awarded by High Court later in 1953-Decree for costs not debt contemplated under S. 70 Execution cannot be stayed.   Md. Jahiruddin v. Shoarma Bib! P L D 1960 Dacca 475 and United Bank of India Ltd. v. Krishna Pada Pal P L R 7 Dacca 106 ref.   East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 69 (1)--Suit filed and decree obtained long before coming into force of Act-Provisions of section not applic able to appeal against such decree.   Civil Procedure Code (V of 1908), S. 96-Appeal-Objec tion, requiring investigation of facts, not taken at earlier stageCannot be entertained.   JUDGMENT   K. M. HASAN, J.-This appeal arises out of an objection under section 47 of the Code of Civil Procedure. The appellant who is the United Bank of India Limited obtained a decree in a suit for a certain sum of money. That sum was payable by some instal ments. The matter came up .to the High Court and with certain modification the appeal was dismissed by the High Court with costs. Thereafter the judgment-debtors ; namely, the respondents before us, defaulted, according to the statements in the application of the decree-holder, in consequence of which the decree-holder filed an application for execution of the decree. Objection was filed under section 47 of the Code by the judgment-debtors contending inter alia, that in view of the fact that the judgment. debtors were rent-receivers and accordingly in view of the provision in sections 69 and 70 of the East Bengal State Acquisition and Tenancy Act the execution case was not tenable. The decree-holder filed an objection petition against the petition under section 47 of the Code by the judgment-debtors. The execut ing Court held that the judgment-debtors were rent-receivers and as such in view of the provision of sections 69 and 70 of the East Bengal State Acquisition and Tenancy Act the execution could not be proceeded with and accordingly Title Execution Case No. 13 of 1957 of that Court was stayed till the debt of the petitioners was…