JUDGMENT

Ameer Ali, J. - The application was first made to me on 29th August 1932. It is, in substance, an appeal from an order of the Master setting a proclamation of sale of two premises-40, Taltala Lane and 102, Corporation Street. The Master provided for the sale only of the defendant's beneficial interest in these properties. The plaintiff contended that he was entitled to have the entire interest in the properties sold in execution of his decree against the defendant. The facts that were presented to me on the application were these: In 1926 the plaintiff-company, at the request; of the defendant, carried out extensive repairs to the properties in question. On 10th February 1930 the defendant made part payment. On 18th June 1928 the plaintiff company filed a suit for the balance against the defendant described as a land owner residing at 102, Corporation Street. The defendant was apparently living in these premises. On 10th February 1930 the plaintiff-company obtained a decree for Rs. 19,020.

2. In August 1931 the plaintiff-company having failed on its attempt to obtain personal execution against the defendant proceeded to attach the two premises in question, the order for atta