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Judgment
Section 40 of Act II of 1864 directs that the court shall cause the proper process to be issued for putting the purchaser in possession. The
intention, which the language suggests, is S that the purchaser shall be placed in possession without being under the the necessity of instituting a suit
for that purpose. It'' the execution of ''4 the process is obstructed, the provision of the CPC became applicable. To hold otherwise would be to
defeat the intention of Section 40 of the Revenue Recovery Act, which gives a certificate the same force, which a decree of court has under the
Code of Civil Procedure.
We set aside the order of the District Munsiff and direct that the petition be restored to the file and disposed of in accordance with law.
Counter-petitioner will pay the costs of this petition.