( 1 ) THIS is an application for a certificate under Article 133 (1) of the Constitution and the relevant provisions of the Code of Civil Procedure, in respect of a decision of a Division Bench of this Court dated the 10th August, 1960 which affirmed the order of the Court below made in an execution proceeding. The facts giving rise to this application are shortly as follows:

( 2 ) ON 15th June 1949 the respondent Nanibala Pakhira instituted a suit being Title Suit No. 36 of 1949 in the First Court of the Subordinate Judge at Howrah against her husband Jitendra Nith Pakhira (since deceased) for maintenance, declaration of charge and other reliefs. During the pendency of the said suit Jitendra sold some of his properties to the petitioner Pankaj Kumar Pakhira on 9tn July 1950 for a sum of Rs. 15,000/- subject to certain conditions imposing pecuniary liabilities. After this sale the petitioner was added as a party defendant No. 5 to the said suit. Subsequently the wife and the husband settled the suit and filed a petition of compromise and a decree was passed, the relevant portion whereof was as follows:"in the result let the solenama entered into between defendant No. 1