JUDGMENT

White J.

1. Several questions have been raised by the appellant in this case, but, for the purposes of this appeal, it is only necessary to express our opinion on one of them, which is whether Kali Kumar Chuckerbutty, as the purchaser under a sale in execution of a decree to which I shall presently refer, acquired the interest of Dinobundhu Roy and Bepin Roy, the minor sons and heirs of one Anundmohun Roy, their deceased father, in the three-anna twelve anna share of the jalkar mehal, which is the subject of the suit; for, if the respondents did not acquire their interest, we think that the present suit must fail, notwithstanding that all the other questions raised by the appellant are determined in favour of the respondents. (After stating the facts of the case as above, and finding that the respondent had all along been in actual possession, and that neither Kali Kumar nor his representative had taken any proceedings to obtain actual possession from the Court in charge of the execution of the decree, the learned Judge continued).--Upon this state of facts, it is contended on behalf of the respondents that the decree of 1859 was really a decree against the appellant as repr