Judgment

SARKAR, J. : This appeal arises out of an execution proceedings. It is filed by the decree-holders and is directed against the judgment of the High Court at Calcutta setting aside the order of a learned Subordinate Judge at Alipore dismissing the objection of a judgment-debtor to the execution. The High Court held that the decree having earlier been executed in full, the present proceedings for its execution were incompetent and thereupon dismissed the decree-holders petition for execution. The question that arises is whether the decree had earlier been executed in full.

2. The facts appear to have been as follows: -One Sukeshwari died some-time prior to 1944 possessed of three plots of land which at all material times, bore premises Nos. 26, 27 and 28, Dum Dum, Cossipore Road, in the outskirts of Calcutta. She left a will of which defendants Nos. 1, 2 and 6 were the executors. The executors granted leases of these different plots of land to defendants Nos. 3, 4 and 5 respectively and put them in possession.

3. Certain persons called Mohatas whose interests are represented by the appellants in the present appeal, claimed that Sukeshwari had only a life interest in the lands