RENUPADA MUKHERJEE, J.

( 1 ) THE appellant before me was the sole judgment debtor in the executing court. Respondent Srimati Provabati Ghose filed an application for execution of a decree passed in a suit for specific performance of a contract of re-conveyance of some immoveable property on the strength of a purchase from some Mahomedan decree holders, one of whom, namely, Sajita Bibi was admittedly a minor. The interest of Sajita Bibi in the decree purports to have been conveyed to the respondent by her mother and 'de facto' guardian Nurjehan Bibi (vide kobala Ex. A ). Appellant Gobinda Chandra Ghose took several objections to the execution of the decree. The objection material for the purpose of this appeal was that under the kobala executed by the original decree-holders an interest in immovable property was transferred and as the 'de lacto' guardian had no authority to transfer the minor's interest, the share of the minor in the decree was not acquired by the respondent. This objection was overruled by the courts below along with all other objections taken by the judgment-debtor. He has therefore preferred this Second Appeal in this Court.

( 2 ) THE only question which arises

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