JUDGMENT 1. In this matter a suit under sec. 9 of the Specific Relief Act has been brought for possession under the following circum-stances: The decree-holder in a mortgage suit proceeded to execute his judgment against the property of his judgment-debtor, and obtaining an order under sec. 318, C P. C. he was put into possession of the property now in question. The present suit has accordingly been brought by a person who alleges that he is the tenant of the judgment-debtor in respect of this property, The matter coming on for hearing before the Munsif he has decided that the suit is not maintainable on the ground that because possession was given to the decree-holder under sec. 318, C. P. C, the Plaintiff in the present case has been dispossessed in due course of law. We granted this rule to Show cause why this order of the Munsif should not be set aside. The delivery was given to the Defendants in the present case on the 12th February 1907, and it appears that the Plaintiff remained in possession until the 7th of May of the same year, when he was dispossessed by the Defendants. The question is whether that dispossession was in due course of law. Now, on considering the facts of the case, it appears that if the Plaintiff was the tenant of the judgment-debtor the proper method of asserting the rights of the decree-holder against him was under sec. 319, C. P. C, rather than under sec. 3.18 as he does not appear to come under the description of any of the persons mentioned in that section. What the effect of the execution of an order under sec. 318 on the Plaintiff's position was, we need not decide, because we are of opinion that the due course of law was not followed, the order being passed under sec. 318, when it ought to have been passed under sec. 319. The result is that the Plaintiff was not dispossessed in due course of law and that the present suit is maintainable. 2. The rule must accordingly be made absolute with costs. The Munsif's order is set aside and it will be his duty to proceed to deal with the case on the merits. We assess the costs at 2 gold mohurs.