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East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Ss. 69 & 70-Execution under final decree in suit for sale based on mortgage secured wholly upon properties of rent-receiver not liable to be acquired under the Act-Not subject to bar imposed by S. 69. JUDGMENT CORNELIUS, J.-This certificated appeal by the Aryasthan Insurance Company, Limited against one Nural Islam Chowdhury raises a question as to the interpretation of sections 69 and 70 of the East Bengal State Acquisition and Tenancy Act, 1950, i.e. whether an execution under a final decree in a suit for sale based on a mortgage secured wholly upon properties of a rent-receiver which are not liable to be acquired under the aforesaid Act is subject to the bar imposed by section 69 thereof. In relevant respects, the facts are identical with those in Civil Appeal No. 10-D of 1958 "United Industrial Bank Limited v. Mohan Bashi Saha and another" decided by this Court on 28th May 1959. The civil proceeding there in question was a civil suit, but the bar of section 69 applies equally to civil suits as to executions of civil decrees. It was held in that case that where a mortgage is secured wholly upon property of a rent-receiver which is not liable to be acquired under the Act, a suit to enforce the mortgage is not barred by section 69 thereof, but a Court may entertain and proceed with such a suit irrespective of anything contained in section 69. Mr. Mesbahuddin has not been able to suggest any reason why our judgment in the earlier case requires to be reconsidered, or that there is any material point of difference between the two cases. We notice that in the judgment under appeal, the provisions of Rules 73 and 74 and of Forms Nos. XIII, XIV and XV contained in the East Bengal State Acquisition Rules, 1951, have been considered in some detail. Having…

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