Dixit, J.

[1] This is a second appeal in execution in which Mr. Chandrachud for the appellant has raised two questions of law.

[2] The decree giving rise to the execution application was obtained by the respondent against two persons, viz. Shaikh Taj Mahomed Shaikh Yunas and Shaikh Hasan Shaikh Yunas on l8bh October 1947, in Suit No. 732 of 1917. That was a suit filed by the respondent against the defendants claiming a decree for a sum of Rs. 1,775-5-0 and all costs of suit and also claiming a decree that if the defendants failed to pay the amount, the plaintiff should recover the said amount by sale of the property mentioned in Para. 1 of the plaint. There was a prayer for a declaration that the plaintiff had got a charge under Section 55, Transfer of Property Act, on the property in suit and that a decree to the effect that the plaintiff should recover the decretal amount by sale of the pro-party should be pissed, The decree, so far as material, runs as follows :

"The plaintiff do recover from defendants 1 and 2 the gum of Rs. 1776-5 0, coals of the suit and further interest on the sum of Rs. 1700 at the rate of Rs. 6 per cent. per anum from the date of the institution of th