JUDGMENT

1. This appeal has arisen out of an order passed by the Subordinate Judge, 24-Pargannas, on 6th October 1928. The facts necessary to be stated are the following. The decree-holder obtained a mortgage-decree and in execution thereof purchased the mortgaged property which was a dwelling house and thereafter obtained an order for delivery of possession. In the course of the proceedings that followed resistance was offered to his obtaining possession of two rooms in the house with the result that he complained of such obstruction having been caused to him not only by the judgment-debtor but also by the judgment-debtor's wife in her personal capacity as well as in her capacity as guardian of her minor son. This application having been made before the Court on behalf of the decree-holder complaining of the aforesaid obstruction, opposition was entered on behalf of the judgment debtor's wife. She alleged that the minor was born before the date of the suit and had not been made a party thereto and consequently was not bound by the decree and the sale. The Court accepting the contention urged on behalf of the judgment-debtor's wife held that she was claiming in good faith to be in p